Fighting FaCS NSW is not going to be easy but it is not impossible with the help of family law experts in New South Wales, Australia (NSW).
Is FaCS building a case against you, trying to keep your child away from you? Well, this is only within their power and duty to keep children safe from harm. But, what is FaCS? The Family and Community Services (FaCS) is NSW’s governmental arm that is in charge with keeping children safe.
To be more specific, FaCS can initiate child removal proceedings based on what the law says:
- Children have the right to be safe.
- Children’s basic physical and emotional needs should be met.
- Children should not be physically or sexually abused or ill-treated.
- Children must not be exposed to domestic violence at any point in their life.
- Children must be adequately supervised by parents or guardians (or foster carers in special cases)
- Children have the right to education.
- If, during your pregnancy, you are doing risky and harmful things, FaCS may build a case against you and take your child after birth.
With all these mandates, fighting FaCS NSW might be a challenge.
READ: My Rights With FaCS
Fighting FaCS NSW: What Happens in a Child Removal Proceeding?
If you’re firm on fighting FaCS because you think their decision is unreasonable, you must have an idea as to what happens during child removal proceedings:
Order of Removal and First Mention
- Receiving the order of removal of children at immediate risk of serious harm. If the FaCS decides that your child is at immediate risk of serious harm, they will remove him or her from your care. At this stage, the caseworkers will provide you a copy of the Order of Removal. Moreover, they will bring the case to the Children’s Court.
While the proceedings are ongoing, FaCS workers will place your child under temporary care. At this point, the first thing that you must do is contact a family law solicitor as soon as possible so they can advice you on what to do next.
Within 72 hours, FaCS must lodge their paperwork to the court and serve you a copy of it. This will inform you when and where you need to go to Court.
- The First Mention. This is the first time the case is in Court. At this stage, the Magistrate will determine what should happen to your children in the short term. You will also receive a copy of the reasons as to why the removal was necessary.
The Establishment, Placement Phase, and Final Hearing
- Establishment phase. At this stage, the court will ask if you agree that your children need care and protection from FaCS. You can agree or disagree at this stage.
If you disagree, it means you are fighting FaCS NSW and the Magistrate will present a hearing date to deal with it. If you do agree, the next phase will be the placement phase.
When fighting FaCS NSW during the establishment hearing, the Court will require evidence about whether your children reasonably need care and protection from FaCS.
- Placement phase. After fighting FaCS NSW in the establishment phase and the case is established, the people involved may file evidence about placement. After establishment and before placement, the Court might order you to do relevant assessments at the Children’s Court Clinic.
Here, FaCS will create a Care Plan that would lay down their recommendations for your children’s future. Afterwards, the Court may order you to attend a mediation or conference with FaCS instead of a final hearing.
At this stage of fighting with FaCS NSW, you must show the Court strong evidence proving that the safety of your children is your priority and they are not at risk under your care.
- The final hearing. If after mediation or conference, you can’t agree with FaCS, the case moves to the final hearing. This is when the Magistrate will hear everyone’s side and render a decision about what they think is in your children’s best interest.
Tips for Fighting FaCS NSW
To equip you in fighting FaCS NSW in a child removal proceeding, here are some tips that might help:
- Seek legal advice immediately. A family lawyer can guide you through the entire proceeding and represent your interests in court.
- Understand the reasons for the FaCS Order. Keep a copy of the order and read it thoroughly. Check if there are inconsistencies and inaccuracies. However, if you need help, don’t hesitate to call a family lawyer for assistance.
- Prepare your case. At this point, you have to gather strong and relevant evidence. This includes character references, witness testimonies, and other helpful proof that establishes your child’s safety under your care.
- Attend court hearings. You must be prepared for this one. This might include witness testimonies and submission of evidence.
- Be open to alternative arrangements. Fighting FaCS NSW might also mean that you will be open to alternative arrangements. Particularly, you can actually place your child with a trusted relative (kinship care).
- Communicate with FaCS regularly. This means that you must maintain a cooperative relationship with them as it will benefit you in the long run.
- Prioritise your child’s best interests. The point in all these proceedings is to prioritise the child’s best interests and safety. However, if you are conflicted whether to continue fighting with FaCS NSW or not, ask yourself “Is this for my child’s best interests?”
JB Solicitors’ Family Lawyers Can Help You
Fighting FaCS NSW can be a tough process. Particularly, it involves proving that your child is safe under your care but FaCS thinks otherwise. Thus, a family lawyer from JB Solicitors might just be your sword and shield in this battle.
Our family lawyers are competent and armed with experience when it comes to fighting FaCS NSW. We can provide legal support services and advice about the do’s and don’ts in child removal proceedings. Additionally, we will give you a comprehensive explanation as to the implications of losing the case.
To have a higher chance in winning this fight, schedule a consultation with us today.