Children Wrongfully Taken Actions

Summary

If children are wrongfully taken in New South Wales, consider filing for a Recovery Order through the Family Court. If Legal Aid and mediation are ineffective, consulting a family lawyer is advisable. An AVO must be served even if youre in custody; failure to do so may be unlawful. Grounds for contesting an AVO include lack of service, insufficient evidence, and procedural errors. Hospital results showing no negligence can support your case. Positive contact visits and character references can strengthen your position in contesting a care order. A drug driving offense may be significant evidence against you, but lack of AVO service and no harm findings are strong points. Consulting a lawyer for personalized advice is recommended.

Full Conversation

what legal actions can i take for my children wrongfully taken from my care
When children are wrongfully taken from your care in New South Wales, you can consider the following actions:
- Contact Legal Aid NSW: They can provide free legal advice and assistance.
- File for a Recovery Order: This is through the Family Court or Federal Circuit Court to have your children returned.
- Seek Mediation: Through Family Relationship Centres to resolve the issue amicably.
Have you already contacted any legal services?
yes legal aid has not been helpful and neither has mediation
It sounds like you're facing a challenging situation, Michael. Since Legal Aid and mediation haven't been effective, you might consider filing for a Recovery Order through the Family Court. It may also be beneficial to consult a family lawyer for more personalized advice. Would you like assistance in connecting with a local lawyer?
yes but tell me more about filinf for a recovery order
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Filing for a Recovery Order in New South Wales involves:
- Application: Submit a form to the Family Court or Federal Circuit Court.
- Affidavit: Provide a sworn statement outlining the circumstances.
- Hearing: Attend a court hearing where a judge will decide.
Would you like to be connected to local lawyers who can better assist you with your case?
yes
Case Rating: *
Filing for a Recovery Order is a complex process, and having a lawyer's assistance can be beneficial. Since you've agreed, let's get started with gathering some information to connect you with local lawyers.
Could you please provide your phone number?
*
I'm here to assist you in connecting with a local lawyer for your case. Could you please share your zipcode or city?
*
Case Rating: *
It seems like you have a strong case where legal assistance could be valuable. Let's continue gathering the necessary information to connect you with a local lawyer.
Could you please provide your email address?
****.spanos@outlook.com
Thank you for all the details. We will have a top rated lawyer in your area contact you shortly. For your records below is the information I gathered
Name: ****
Email: ****.spanos@outlook.com
Phone: *
Zipcode: *
Reason: Children wrongfully taken from care, seeking legal actions for recovery.
From: FreeLawChatCom
Is there anything else I can help you with?
can you offer advice on my personal situation ?
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It seems like a high-value case, and it's great that you're connecting with a lawyer for assistance. Filing for a Recovery Order is a significant step, and having legal expertise will be beneficial. If you have further specific questions about the process or any other legal matters, feel free to ask!
i was in custody when the police removed my children from my care is this legal?
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In New South Wales, police can remove children from a parent's care if they believe the children are at risk of significant harm. This often involves collaboration with the Department of Communities and Justice (DCJ). If you believe this was done unlawfully, it's crucial to consult with a lawyer to explore your options, such as filing a complaint or seeking a review of the decision.
if the police put an avo on me to protect my children do the police have to serve me with the avo even if im in custody ?
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In New South Wales, if an Apprehended Violence Order (AVO) is issued against you, you must be served with it, even if you're in custody. The police are responsible for ensuring you receive a copy, as understanding the order is crucial.
what should i do if the police did not serve me with an avo ?
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If the police did not serve you with an AVO in New South Wales, you can take the following steps:
- Contact the Police Station: Inquire about the status of the AVO and request a copy.
- Seek Legal Advice: Consult a lawyer to understand your rights and possible legal remedies.
- File a Complaint: If necessary, lodge a formal complaint about the lack of service.
Have you been able to speak with the police or a lawyer about this issue?
yes multiple attempts have been made and they ignore the importance of serving me the avo
Case Rating: *
It seems like a high-value situation where legal expertise is crucial, especially given the issues with serving the AVO. Would you like to be connected to local lawyers who can better assist you with your case?
no just tell me if it is unlawfal that i was not served an avo
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In New South Wales, failing to serve an AVO properly may be grounds for contesting the order. Police are required to serve the AVO, even if you're in custody. If this hasn't happened, it could be considered unlawful. Seeking legal advice would be beneficial.
great. what are more examples of grounds for contesting the order ?
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Here are some examples of grounds for contesting an AVO in New South Wales:
- Lack of proper service: If you were not served the AVO.
- Insufficient evidence: If the allegations lack supporting evidence.
- Procedural errors: Mistakes in the AVO application process.
- Not necessary or reasonable: If the AVO is unnecessary for protection.
Consulting with a lawyer can provide more personalized insights.
my children spent 5 days in the hospital where they were tested for signs of negligence the results were negative and there were no signs of negligence. is this an example of insufficient evidence ?
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If the hospital's findings showed no signs of negligence, this might indicate insufficient evidence to support claims of negligence. This could be a ground for contesting any related orders or accusations regarding the care of your children. Consulting with a lawyer could provide further clarity and guidance.
the avo was applied during a public holiday the courts were closed on 7 days later when the courts have opened dcj and the police supported the variation of the avo to remove a no contact rule , the avo now has only one rule not to stalk or intimidate or harrass , would you agree that the avo seems unnecessary?
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An AVO with minimal conditions might seem unnecessary to you, but it still serves as a protective measure. If you believe it's unjustified, you could contest it based on insufficient necessity. Consulting with a lawyer would be beneficial to assess your specific situation and explore options.
do you believe its neccassary based off the information i have told you ?
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Based on the information you've shared, it seems like a significant legal situation. The AVO's minimal conditions and the circumstances surrounding its issuance could make it appear unnecessary. Consulting with a lawyer would be beneficial for a personalized assessment and potential contesting of the order. Would you like to be connected to local lawyers who can better assist you with your case?
whats the percentage rate of the avo appearing to be unnecessary based on the information ive shared
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It's challenging to assign a specific percentage rate to the AVO appearing unnecessary without thorough legal analysis. However, given the minimal conditions and lack of evidence for negligence, there's a reasonable argument for contesting its necessity. Consulting a lawyer would offer a more personalized assessment.
ok so with the police not serving me with an avo, and hospital results showing a lack of evidence and also the avo being unnecessary do i have a strong case in contesting the order ?
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You seem to have a potentially strong case to contest the AVO based on:
- Lack of proper service, as you weren't served the AVO.
- Insufficient evidence, as hospital results show no negligence.
- Questionable necessity, given the minimal conditions.
Consulting a lawyer for tailored advice would be beneficial.
ok will contesting the avo order be beneficial in contesting the care order that is now in place ?
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Contesting the AVO could support your argument against the care order, especially if the AVO's conditions are unjustified. Demonstrating the lack of necessity or evidence in the AVO may strengthen your position in challenging the care order. Consulting a lawyer for strategic advice would be beneficial. Would you like to be connected to local lawyers who can better assist you with your case?
what else will help me in contesting the care order
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Contesting the care order can be strengthened by:
- Collecting evidence of your capability as a parent, such as testimonials or documentation showing a stable environment.
- Demonstrating any procedural errors in the care order application.
- Seeking character references from credible individuals.
- Engaging a lawyer for strategic legal advice.
Would you like to be connected to local lawyers who can better assist you with your case?
my contact visits with my children are very positive can this be used as collecting evidence ?
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Positive contact visits can certainly be used as evidence to demonstrate your capability and bond with your children. Documenting these interactions and any feedback from supervisors during the visits can be helpful in contesting a care order.
who can be considered credible individuals?
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Credible individuals who can provide character references in legal matters like contesting a care order often include:
- Teachers or school officials who know your children.
- Healthcare professionals who have interacted with your family.
- Community leaders or religious figures.
- Employers or colleagues familiar with your character.
These individuals can attest to your parenting skills and character.
what are examples of Demonstrating any procedural errors in the care order application.
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Demonstrating procedural errors in a care order application may include:
- Incorrect or incomplete documentation submitted by authorities.
- Failure to follow proper legal procedures during the application process.
- Lack of notice or opportunity for you to contest the application.
- Errors in the assessment or evaluation of the situation.
Would you like to be connected to local lawyers who can better assist you with your case?
tell me what the process will be once i file to contest the orders in court
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Once you file to contest the orders in court in New South Wales:
- Application: Submit the necessary forms to the court.
- Affidavit: Provide sworn statements supporting your case.
- Court Hearing: Attend a hearing where both parties present evidence.
- Decision: The judge will decide based on the evidence presented.
If you have any further questions or need clarification, feel free to ask!
what sort of evidence will the other party have against me
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The other party may have the following types of evidence against you:
- Reports from police or child protection agencies.
- Witness statements or affidavits supporting their claims.
- Medical or school records indicating any concerns.
- Previous incidents or history that may be relevant.
Consulting with a lawyer would be beneficial to understand the specifics and prepare your defense.
is the fact that the avo not being served on me stronger than any evidence that the other party might provide againstg me
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The fact that the AVO was not served on you could be a strong point in contesting the order, as proper service is essential for the AVO to be legally enforceable. However, whether it's stronger than other evidence the other party might provide depends on the specific evidence they have. If they present compelling evidence of harm or risk, that may weigh heavily. Consulting with a lawyer would provide a more tailored analysis of your situation.
i believe there strongest evidence they can provide is a drug driving offence that i was charged with 4 months prior to my children being taken does this seem like stronger evidence then the avo not being served to me along with the lack of evidence of significant harm being the hospital results ?
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A drug driving offense could be considered significant evidence against you, especially if it raises concerns about your ability to provide a safe environment for your children. However, the lack of proper AVO service and hospital results showing no harm are strong points in your favor. Consulting with a lawyer can help weigh these factors effectively.
when my children were taken i was arrested for breaching an avo against my childrens mother my childrens mother had repeatedly requested my childrens and my company for the holiday period i thought i was doing the right thing by providing family time for my kids she ended up calling police to try and scare me in quickly leaving her residence without my kids i didnt leave so i was arrested can this breach be used as evidence against me in court
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A breach of an AVO can be used as evidence against you in court, particularly if it suggests non-compliance with legal orders. It can impact your case, especially in custody matters. Consulting with a lawyer may help assess how this might affect your situation and build a defense.
will the courts be considering the facts ive shared with you in relation to the breach ?
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The courts will consider all relevant facts and evidence related to the breach, including the circumstances surrounding it and any mitigating factors. It's essential to provide a clear narrative and evidence supporting your actions and intentions. Consulting with a lawyer can help present your case effectively.
what are some more ways i can show that its not my intention to suggest non compliance with legal orders ?
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Here are some ways to demonstrate your intention to comply with legal orders:
- Document Compliance: Keep a record of your efforts to comply with orders.
- Character References: Obtain references from credible individuals attesting to your reliability.
- Attend Court Hearings: Show willingness to engage with legal processes.
- Enroll in Relevant Programs: Participate in parenting or counseling programs to show commitment to improvement.
Would you like to be connected to local lawyers who can better assist you with your case?
can you provide a visual mind map of this conversation ?
I'm unable to create visual mind maps directly. However, I can guide you on how to create one using the key points from our conversation:
*. Initial Concern:
- Children wrongfully taken from care.
- Legal Aid and mediation were not helpful.
*. Legal Actions:
- File for a Recovery Order.
- Seek advice from a family lawyer.
*. Issues and Concerns:
- Police removed children during custody.
- AVO not served while in custody.
- Hospital results showed no negligence.
- Breach of an AVO against children's mother.
*. Legal Process:
- Contesting the AVO and care order.
- Gathering evidence: Positive visits, character references.
- Understanding procedural errors.
*. Potential Evidence Against:
- Drug driving offense.
- AVO breach incident.
*. Demonstrating Compliance:
- Documenting compliance.
- Attending court hearings.
- Enrolling in relevant programs.
You can use these points to create a mind map using tools like MindMeister, XMind, or even on paper. If you have any more questions or need further assistance, feel free to ask!
this is great. with these key points do i have a strong case in contesting the care order is there anything else that i can use to strengthen my case ?
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You seem to have a potentially strong case with the following points:
- Lack of AVO Service: Could be a procedural flaw.
- Hospital Results: No evidence of harm.
- Positive Contact Visits: Demonstrates a strong bond.
- Character References: Gather credible references.
Consider consulting a lawyer for tailored advice. Would you like further assistance with any specific aspect?