Sydney, New South Wales Sep 27, 2021 (Issuewire.com) - A 12-year-old female child who lives in New South Wales has been left with no hopes of protection against physical child abuse after the Federal Circuit Court and DCJ failed to protect her.
The Child was removed from the mother on April 29 this year after the Federal Circuit Court in Coffs Harbour gave Parental Responsibility of the child to a man she isn't biologically related to.
The mother of the child said,
"My child was removed after DCJ sent subpoenaed evidence to the court before the hearing, this evidence didn't belong to me and wasn't about my child".
"I have only become aware of this information recently when I was advised DCJ had merged "the wrong kid" onto my file, this is a file I wouldn't have had in the first place if it wasn't for the mistake DCJ made and the incompetence of the Federal Circuit Court.
There was DNA evidence before the court, evidencing that the man trying to access the child had no biological right to the child and wasn't a significant person in the young girl's life but the Judge presiding on the matter failed to take this into consideration during the hearing.
The mother has said that the child came to her on the 18th of September with injuries from where the man had assaulted her.
Regional NSW Police interviewed the child and served the man an AVO that included standard orders only.
This put the child in the position that she would be forced to return to the man and she would not be in a position to raise the alarm on any future assaults.
Numerous assaults have occurred and were reported to DCJ however no action took place.
The DCJ worker who is allocated the case from where the child resides with the man is not aboriginal it is understood the child is indigenous and being forced to live in harsh conditions forced to practice a religion she doesn't know and lives in a household where a language other than English is spoken.
It is understood the man who is the defendant in the AVO proceedings is a disability support worker.
DCJ has declined to assist the child and according to the child and the mother, she will be left to try and find a safe place between now and the court date.
It is understood the child is asking for interim orders to be removed from the man so she can protect herself from experiencing any further physical abuse.
The child will have her Care and Protection matter heard in the first instance on the 12th of October in Coffs Harbour Children's Court.
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