QLD Child Protection Question

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Thenarcisistsprey

Well-Known Member
15 October 2018
22
0
121
I’m just wondering if anyone can tell me whether child protection can legally place children in the care of the non custodial parent?

For example... say there are Federal Magistrates Court Orders in place. The Orders state the father has custody of the children and the mother has the care of the children (interstate) for the duration of all school holidays. Orders were made in the mother’s absence due to the fathers narcissistic manipulation of the mother ensuring she did not attend the Court hearing, knowing full well he would be granted the Orders he sought. Until then children resided with mother. That was several years ago and children have resided with father since but been with mother every second weekend from after school Friday to before school Monday (mother relocated to be near children immediately upon the father being granted Orders he sought) and all school holidays. Orders stipulate parties have shared parental responsibility.

Now say there are some quite bad things that’s just come to light and it’s possibly bad enough to warrant CPS immediately removing the children from the fathers care... is it possible the children would be allowed to stay with their mother, or another family member or would they likely be placed in foster care?
 

Jake Matherson

Well-Known Member
15 June 2018
224
29
659
CPS don't want to put kids into foster care.

If there is a safe place for them to be such as a family member etc. that is where they would go.

If serious enough CPS will investigate all parties involved including coming out to everyone involved houses and inspect living conditions etc.

After they have interviewed everyone they will do a report (you wont see it without subpoena) and if necessary they will intervene.

From experience I can tell you that unless the children are at a direct and immediate risk of physical or sexual abuse from the parent CPS won't do anything "immediately"
They would do their report and you would have the material subpoenaed to strengthen your Family Court application to vary the current Orders.

Not a lawyer just my thoughts.