“So, it’s got a lot better, the last four months… they called me and they know I’m working for a Section 90 and they’re like, are you happy with the visits. I was like, I would like more visits, I’ve told you always I’ve wanted more. They go, yeah well that’s what we’re going to look at and I was shocked because I thought, okay they came to me like it was their idea, do you know what I mean, I’d been pushing that whole time.”
– Parent, Bring Them Home, Keep Them Home research
– Parent, BTHKTH research
To get your child home (restoration) it is important to have frequent and regular family visits from the very start. 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.
To get your child home (restoration) it is important to have frequent and regular family visits from the very start. This is because the NSW Department of Communities and Justice (DCJ) will see this as ‘evidence’ of you being ‘safe’ with your child. Moving towards unsupervised visits and overnight stays is important for working towards getting your child home. This is something you can work with your lawyer and support service to do.
Other parents have said that family time is about making as many memories as you can, but always wanting more time, and knowing that every time you say good bye, it will hurt you and your kids, but it will be the only thing that gets you through. Parents also want you to know that if your kids don’t come home young, at least you can try and ensure you have a relationship with them where they want to come home when they are old enough to make it happen themselves.
As soon as the removal happens, ask when you can see your child, how you are going to see them and request to have a schedule of frequent and regular family visits. Once the number of visits have been set, it can be hard to get more, but easier to get less.
The minimum amount of family time visits you can have will be outlined initially in the care application, and after final orders, in the care plan. How you have family time and how often it happens depends on a number of things, including their age (for example, if they are going to school) and whether they want to supervise your family visits.
Family visits can happen as often as every day (especially for babies while Court proceedings are happening) and you can advocate for this with your lawyer or support service. It’s the experience of families that family time happens a lot less often when their child moved to long term care after final orders are made.
Aboriginal parents have said that sometimes, carers prioritise their own attachment to your children over helping you get your child home. This can look like carers trying to lessen your visits with your children or moving away.
In the DCJ’s Code of Conduct for Authorised Carers, the responsibilities of carers are outlined. It is the responsibility of carers to “recognise and respect that the child or young person has a right to maintain relationships with birth family, other significant individuals and their cultural and/or religious community where appropriate and safe to do so. Support these relationships in accordance with the child or young person’s care plan and any relevant court orders.”
This means carers legally have to facilitate family time visits, but only for the amount of time that is in the care plan and Court orders.
Other Aboriginal parents have said to never stop pushing for more 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
If DCJ are not doing what they say they will and there is a pattern of it, such as not picking you up for the contact visit, or cutting the visits down, you can ask your lawyer to email the DCJ lawyer to ask what is happening. Continue to ask them frequently by emailing, calling, and talking to them in person. You can do this with your support service and lawyer. You can remind DCJ that section 12A of the Care Act requires them to administer their powers under the legislation according to the Aboriginal and Torres Strait Islander Children and Young Person Principle, which includes the right of a child or young person to be supported to maintain connections to family, Community, culture and Country.
“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
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 with 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.
