“There’s so many things that are swept under the rug in regards to the carers that me and my partner are held to the highest of standards that we just – it’s almost impossible to do.”
– Parent, Bring Them Home, Keep Them Home research
– Parent, BTHKTH research
For example, in one parent’s experience, their child was placed with non-Aboriginal foster carers. Both parents had unsupervised monthly contact visits with her over weekends, where the child also saw extended family. The parents wanted to apply for a Section 90. The parents told their child they wanted to start working towards restoration, and the child indicated they wanted to return home to their parents. In the meantime, the carers moved the child from their Country, without any significant discussion with DCJ or parents. The child has monthly family time with their parents but is now forced to live 5 hours away from them. This is a barrier to restoration, because their new location prevents increases in how often family time happens.
A carer can say and do things with your kids that shape how they see you and if they want to have a relationship with you. Other parents have said this is really hard to go through.
But some caseworkers might not want to do this as they prioritise keeping carers happy because they don’t want to lose them as carers.
Aboriginal parents have said that sometimes carers act as a barrier to your child’s right to family time.
In your Court negotiations, you can ask your lawyer to make an agreement with DCJ about making sure you have a high amount of family time and that this does not change.
“I settled on the condition that they would protect my time for the kids because I fought so hard for that time. Once they have final orders, they reduce it, so I said, no, I want it written in that they’re going to protect my time and then I’ll go down the path of the Section 90.”
– Parent, Bring Them Home, Keep Them Home research
To get your child home (restoration) it is important to have frequent and regular family visits from the very start of Court proceedings. Family visits can happen as often as everyday (especially for babies and if you are breastfeeding) and you can advocate for this with your lawyer or support service. Once the amount of visits have been set, it can be hard to get more, but easier to get less. Once DCJ completes their restoration assessment, the frequency of family time will often change depending on DCJ’s decision.
“Depending on how the kids interacted and how they were I would get two hours a week and then eventually it cut down to fortnightly and then it cut down to monthly and then over the years it cut down to four times a year.”
– Parent, Bring Them Home, Keep Them Home research
If DCJ are not doing what they say and there is a pattern of it, such as not picking you up for contact visits, your child is always unwell and unable to attend, or they are cutting them down without an explanation, you can ask your lawyer to email the DCJ lawyer to ask what is happening.
If there is a pattern, you can also file for a contact application. This is why writing your own notes and keeping track of what is happening is important. You should discuss with your lawyer your options about Court applications.
Mediations
Mediations are often considered a good first step towards restoration because your child could be legally represented in a mediation. This is where everyone involved meets to try to come up with contact changes you all agree to. If you come up with an agreement, the new orders can be registered with the Court as a ‘contact variation agreement’ (in accordance of section 86A of the Care Act). If you are unable to come up with an agreement at mediation you can include the fact that you attempted mediation in your section 90 (although you cannot discuss what was said during it), or you can put in a section 86A application. People who can apply for the section 86 application are parents, your child, DCJ, and sometimes the carer or guardian. Section 86(1A) of the Care Act says an order can be made by the Court to set minimum requirements for how often and how long a child or young person must have contact with his or her parents, relatives, or other persons of significance to the child or young person. It’s important to get legal advice about what application to make.
AbSec and our partners acknowledge the Traditional Custodians of Country throughout NSW and their continuing connections to land, waters, and communities. We also acknowledge the lands on which these stories were told, the lands of the Dharawal, Yuin and Wonnarua people.
We acknowledge the Elders, leaders and advocates that have led the way and continue to fight for our children. We also acknowledge the Stolen Generations who never came home and the ongoing impact of government policy and practice on Aboriginal and Torres Strait Islander children, young people and families.
This website shares the experiences and advice of Aboriginal families involved in the NSW child protection system who participated in the Bring Them Home, Keep Them Home research at UNSW. We acknowledge and thank the families who generously gave permission to share their stories.
These experiences reflect what worked for those families and do not constitute advice or views of AbSec. AbSec recommends seeking independent legal advice for your own circumstances.
