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Joined: Mar 2008
Posts: 181
Astronaut Level 3
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Astronaut Level 3
Joined: Mar 2008
Posts: 181 |
Please remember though all the 'should's' the Dept are supposed to do mentioned above don't always if ever happen...so don't expect to be told or informed of anything until your served an affidavit during the 3 days of the TAO!
Child Protection Act 1999 Section 44 states Making of court assessment order:
"The Childrens Court may make a court assessment order only if the court is satisfied an investigation is necessary to assess whether the child is a child in need of protection and the investigation can not be properly carried out unless the order is made."
Another bit of advise is most likely if you find that the affidavit contains 'false allegations and lies' to state to the magistrate at your first court appearance that the material is scandalous and oppressive so that the magistrate has a heads up on this first up...this might be more for when the dept apply for a interim Child Protection Order but it could work just as well here.
This is a legitimate and legal statement and a very serious one to make but you have nothing to hide if this is the case...the dept has the onus of burden of proof to proove their claims in no uncertain terms with factual evidence and not just heresay...as has been my experience in making this statement. I did have to produce an affidavit with my declared facts and if I could proove it, I did.
Let's just say it was well received. . .
Last edited by LovingMyKids; Sun 19 Oct 2008 11:30:PM.
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