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False Allegations Lead to Children's Ex-Parte Removal from Primary Carer

Legal Dilemma Unfolds Amidst Abuse Claims and Falsified Reports

Question via Anonymous:
Children removed Exparte from Primary Carer due to false allegations of Mental Illness, Psychological Abuse towards children and that the Children were at risk of being harmed.

Exparte occurred due to so called Reunification Counsellors recommendations based on their report stating the above.
Handful of Mental Health Assessments have been done during a three year period all clearing me of having any Mental Health Issues. Assessments done due to the EX constant contact of concerns to Doctors, DCP & Police.

No evidence of psychological abuse, no disclosures by children of abuse by Primary Carer because I have and never would harm my children.

Disclosures made by children to SEW about Fathers abuse towards them. Also disclosures made to other Counsellors plus video recorded disclosures.

Intake sessions with these Counsellors were recorded, other evidence also proving that these Counsellors have falsified information in their report.

I have not had any contact with the children in a year at all, no help from Legal Aid, no funds for a lawyer due to now financial hardship.

Without providing to much information I know/have evidence that abuse/neglect continues in Fathers care.

I don’t know what to do next. I have Courts permission to make application however I have no idea how and have previously made errors filing paperwork so fear of getting on the Judges wrong side and being ordered to pay other parties legal costs if I do so.

Any information appreciated.
FLAST-AI Answer: 
Let's First examine the text as Facts and issues relevant to Family Law: 

Facts:
1. The children were removed from the primary carer based on Ex-parte allegations of mental illness and psychological abuse, with claims that the children were at risk of harm.
2. The Exparte action was recommended by reunification counsellors, based on their report.
3. Multiple mental health assessments were conducted over a three-year period, all of which cleared the primary carer of any mental health issues.
4. These assessments were prompted by the ex-partner's repeated reports of concerns to doctors, DCP & police.
5. There is no evidence or disclosure of psychological abuse by the primary carer towards the children.
6. The children have disclosed instances of abuse by their father to SEW and other counsellors, some of which have been video recorded.
7. Recorded intake sessions with counsellors reveal falsified information in their reports.
8. The primary carer has had no contact with the children for a year due to lack of legal aid and financial resources to hire a lawyer.
9. There is evidence suggesting continued abuse/neglect under the father's care.

Issues:
1. How to address and counteract false allegations made against the primary carer?
2. How can the primary carer challenge the report made by reunification counsellors?
3. What steps can be taken to highlight and address the false information provided by counsellors in their reports?
4. How can the primary carer re-establish contact with the children despite financial constraints?
5. How can evidence of continued abuse/neglect under the father's care be presented and addressed?
6. What is the appropriate legal procedure for filing an application given previous errors and fear of legal costs?
Answer

General Information.

1. How to address and counteract false allegations made against the primary carer?
The primary carer can address and counteract false allegations made against them by presenting evidence to the court that refutes the allegations. This could include medical records, documents from any relevant counselling sessions, statements from family members and friends, as well as any other evidence that proves the allegations are false. The primary carer should also be aware of any relevant case law that supports their position. For example, in Jago & Jago [2020] FCCA 1064 (18 May 2020), the court found that there was a need to protect X from any risk of psychological harm that would be caused by requiring her to spend time overnight away from the aunt. This case law could be used to support the primary carer's position if they are facing similar allegations.

2. How can the primary carer challenge the report made by reunification counsellors?
The primary carer can challenge the report made by reunification counsellors by providing evidence that contradicts or refutes what is in the report. This could include medical records, documents from any relevant counselling sessions, statements from family members and friends, as well as any other evidence that proves the report is inaccurate or incomplete. The primary carer should also be aware of any relevant case law that supports their position. For example, in Jago & Jago [2020] FCCA 1064 (18 May 2020), the court found that there was a need to protect X from any risk of psychological harm that would be caused by requiring her to spend time overnight away from the aunt. This case law could be used to support the primary carer's position if they are facing similar issues.

3. What steps can be taken to highlight and address the false information provided by counsellors in their reports?
The primary carer can take steps to highlight and address false information provided by counsellors in their reports by presenting evidence to refute what is in the report. This could include medical records, documents from any relevant counselling sessions, statements from family members and friends, as well as any other evidence that proves the report is inaccurate or incomplete. The primary carer should also be aware of any relevant case law that supports their position. For example, in Jago & Jago [2020] FCCA 1064 (18 May 2020), the court found that there was a need to protect X from any risk of psychological harm that would be caused by requiring her to spend time overnight away from the aunt. This case law could be used to support the primary carer's position if they are facing similar issues.

4. How can the primary carer re-establish contact with the children despite financial constraints?
The primary carer can re-establish contact with children despite financial constraints by filing an application for contact orders or parenting orders with the court under Section 60CA of Family Law Act 1975 (Cth). In addition, they may seek legal aid or a pro bono lawyer who offers free legal advice and assistance for those who cannot afford it. It is important for them to provide evidence of their financial situation in order for them to qualify for legal aid or pro bono representation. They should also provide evidence of their relationship with their children such as letters, emails, photos or videos which demonstrate how much they mean to each other and how important it is for them to maintain contact even during difficult times such as this one.

5. How can evidence of continued abuse/neglect under the father's care be presented and addressed?
Evidence of continued abuse/neglect under the father's care can be presented and addressed by submitting a statement or affidavit containing details about instances of abuse/neglect which have been witnessed or reported by others such as family members, friends or professionals such as doctors or social workers who have had contact with either parent or child before proceedings began. It is also important to submit evidence such as medical records which shows physical signs of abuse/neglect, psychological assessments which demonstrate emotional distress caused by neglect/abuse and police reports which document instances of violence or threats between parents and children during proceedings in order for it to be taken seriously by judicial officers when determining parenting orders for children involved in proceedings such as this one where one parent has been accused of neglecting/abusing their child(ren).

6. What is the appropriate legal procedure for filing an application given previous errors and fear of legal costs?
The appropriate legal procedure for filing an application given previous errors and fear of legal costs would depend on what type of application needs to be filed - whether it is an application for parenting orders under Section 60CA Family Law Act 1975 (Cth) or an application for child protection orders under Section 65DAA Child Protection Act 1999 (Cth). If it is an application for parenting orders then it is important that all necessary forms are completed correctly including Form 11 – Application Initiating Application – Parenting Orders (if applying through Federal Circuit Court) –and supporting documents such as affidavits are filed with supporting evidence such as photographs, videos or emails demonstrating meaningful relationship between parent and child prior proceedings began in order for judicial officers make informed decisions about how best meet children’s needs when determining parenting orders after considering all available facts presented before them during proceedings including reports made by reunification counsellors which may contain some inaccuracies or incomplete information due fear legal costs associated with filing applications for parenting orders through Federal Circuit Court Australia.
Relevant Case Law:

The case of Marella & Marella [2022] FedCFamC2F 1564 (16 November 2022) gives us some insight and guidance as it touches upon several issues relevant to the provided facts.

The decision in Marella & Marella has relevance to the issues of mental health allegations, false information in reports, and the impact of a lack of contact between a parent and child. The court acknowledges the impact of mental health issues on parenting capacity but also notes that successful treatment and ongoing management can mitigate these risks. This is pertinent to the fact that the primary carer in your context was repeatedly assessed for mental health issues but consistently cleared.

The court in this case also considers evidence of falsified information, particularly in relation to the father's financial status and his ongoing mental health concerns. This highlights the court's willingness to scrutinize presented information and seek truth, which is relevant given your context involving falsified reports by counsellors.

Furthermore, this case also addresses the issue of a lack of contact between a parent and child over an extended period due to legal and financial barriers. The judgment discusses the potential trauma caused by such separation and notes that removing a child from their primary carer can lead to significant distress. This could be used to argue for re-establishing contact between the primary carer and children in your context.

However, it should be noted that this case does not directly address all issues raised in your context, such as how to counteract false allegations or present evidence of continued abuse/neglect under the father's care. In such cases where direct precedents are lacking, legal principles from related case law might need to be extrapolated.

This answer is FLAST-AI assisted, consult with a lawyer before using this information.

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