DCJ’s ‘Interim Restoration Assessment Approach’ manual 2024 (page 26)* says “If children are transitioning towards restoration, consider how to gradually increase family time in preparation for a child going home. The case plan should clearly outline how this will happen. This will let you know if you need to offer further supports before the child is returned home,” you can remind them of this.
*DCJ document not publicly available.
Other parents have said that being able to increase family time and have access to their child really depended on who the carer, agency and caseworker was.
Other Aboriginal parents have safeguarded their family from DCJ by pretending to agree with DCJ so they could keep a relationship with their children. One mum was living on the same property as her parents, and they were her children’s carers. At first the grandparents listened to what DCJ were saying, but it became clear to them that there were no safety issues and DCJ was not helping the family to stay connected with their children, even though they are legally required to (Section 12, Children and Young Persons (Care and Protection) Act 1998).
“Everything had to be a secret…The girls were programmed. You can’t say that you live with your mum, but yet my mum and dad never really tried to deny me of that. They bent the rules as much as they could, and I suppose earlier in the piece, I was separated from the girls, which was really hard… because mum and dad were just adamant that it had to be the way DoCS said, and then DoCS started showing their true colours, and mum and dad started to see through it and started to go [to the kids], you can go down to your mum’s now.”
– Parent, BTHKTM research
“…made every single visit, only ever positive reports, still wouldn’t increase my visits, and I didn’t know why. Whenever I’m asking them straightforward questions, they never gave me any clear answers, it was just like they would give me like – they would just they patronise you, the way that they talk to you, and it was just like I felt like I was being defeated.”
– Parent, BTHKTM research
It’s the experience of other parents that DCJ change the goalposts. This is is no different when it comes to family time, as a mum has said
“In my court documents it says minimum monthly, with the opportunity to increase. So, it tells you they are allowed to increase if I’m doing good. So, I was like you know I’ll play your game… when can they increase, oh we just have to wait six months, or we have to do this, or we have to do that. They would just keep pushing me back… they wanted to monitor me… they had to supervise which is, that’s fair enough, but I’ve just had 14 months of supervision, 14 months of monthly visits, supervised.”
– Parent, BTHKTM 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 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 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.
You should start with asking the agency responsible for case managing your child. You can also make an application for mediation to discuss a contact variation agreement that is signed and dated by the parties and registered with the Children’s Court (section 86A). The terms of a contact order may be varied by agreement between the parties to the original order. A contact variation agreement must be in writing, signed and dated by the affected parties (and the child’s legal representative, if the variation agreement is made within 12 months of the order), and registered with the Court under section 86A(2).
Visits can happen in your own home with overnight visits, if it’s been assessed as safe. You have the right to ask for more time with your child, change the place you meet and ask for overnight stays (DCJ Guide for Families, page 35). If your visits are supervised, ask with your advocate or support service why they are being supervised, and what they say needs to change for there to be unsupervised visits. One parent said:
“The children came to the family home for supervised visits and they were not allowed to leave the room we were in. They wanted to go to their bedrooms and outside to see the animals but we all had to stay together.”
– Parent, Bring Them Home, Keep Them Home research
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.
