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  1. #51
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    I agree no one really knows what happened. What I do know is consent orders are not rubber stamped by judges - if anything they are scrutinised more closely as the court must ensure the parties enter into the arrangement of their own free will. When I did family law if there was even a hint that the order was unfair to one side, or obtained by duress (ie sign the property deal and you'll get more access days to the kids etc) the court would refuse to sign it.

    But given it was a consent order, and the mother has agreed to keep it confidential, no one will really know.

  2. #52
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    It states very clearly that the child was not considered to be at risk. The family had been assessed by several professionals. This was a good mother and a happy child. I know it seems hard to believe, and that's what is so awful and why the Public Advocate, who is familiar with the details of this case, has written such a strongly worded complaint.

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    Default Little girl permanently removed from her good single mother :(

    Quote Originally Posted by SPC View Post
    It states very clearly that the child was not considered to be at risk. The family had been assessed by several professionals. This was a good mother and a happy child. I know it seems hard to believe, and that's what is so awful and why the Public Advocate, who is familiar with the details of this case, has written such a strongly worded complaint.
    This article is thin in details leaked by one side of the issue. Because of confidentiality rules you're never going to hear 'the other' side of the case.

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  5. #54
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    Default Little girl permanently removed from her good single mother :(

    Quote Originally Posted by BigRedV View Post
    If this child was at risk with her mother, docs would've been told somehow!

    Having a mild intellectual disability doesn't mean that she can't look after her child. That's a bit discriminatory.
    I think its a little premature to play the discrimination card. The article doesn't mention what the mothers mental age was. Perhaps it was 11 and the court ruled the way it did because an 11 year old cant be left home alone let alone parent a child. That wouldn't be discrimination, that would be common sense.

    As we don't know the particulars of this case, we can't say whether the decision was right or wrong.

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    I agree Vic Park. We don't know the entire story and I'm sure their would have been good reason to remove the child from the mother.

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    Default Little girl permanently removed from her good single mother :(

    I worked in child protection and there were lots of reasons why parents with intellectual disabilities struggled. Yes some can parent with supports but if you add in other risk factors it becomes tricky. Also I used to find that the kids might also have special needs which meant the parent needed to do more than the average parent or conversely the child could outwit the parent by age 10 which could lead to the relationship occurring in reverse. I don't know the specifics of this case but the fact that others were caring for the child also suggests mum might have been struggling. Also while some cases I was involved in had the parent/s meeting the child's basic needs, there was often evidence that the parents would not be able to do this as the child aged.

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    See, I think everyone is entitled to their personal opinion, but if the article is to be believed then this is a miscarriage of justice purely because the woman had a slight intellectual disability.

    We should question things that appear to stink because quite often the smell is a good indicator of some kind of sh!te underneath.

    Or do we just shake our heads and allow ourselves the luxury of saying that there must have been a good reason...until something happens and we, or someone we are close to, find themselves in a situation where somehow they end up with the wrong end of the stick.

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    Default Re: Little girl permanently removed from her good single mother :(

    Quote Originally Posted by crankyoldcow View Post
    Oh please, people lose primary custody of children in the family court everyday for no good reason, especially if the other party has more money to spend on a slicker legal team. It's not like this was an article about DOCS removing the child and placing her into foster care. I would believe there was a good reason if that was the case.

    It states in the article that the mother was capable of caring for the little girl and posed no risk. The elderly relatives gained custody by exposing a legal loop hole. Simple. Actually, it appears that the mother signed a custody agreement before a judge decided. The article also states the mother sees the little girl every second weekend and in school holidays. I am sure she would not have been granted this if she was incapable of caring for her.

    If anyone is interested, Melinda Tankard Riest's book "Defiant Birth" touches on this topic. The book is divided into two halves - the first half is about women is irrelevant (about real life women who have given birth to disabled children, and went agains the "norm" of terminating the pregnancy). The second half of the book is about the real life experiences disabled women have had giving birth, the and the predujices they faced proving they are fit to care for their children.

    I have found this article particularly upsetting as I have a special needs DD with a low IQ (78) who nearly fits into this category. Should I be worried about this happening to her in the future?

    Edited to add - The article doesn't even state in what capacity the relatives had helped before - it could have been anything from occassional babysitting to full on day to day help. I do think though that if the relatives had the child's best interest at heart, and if the mother actually does require day to day help they could have worked to provide help to keep the child with the mother, instead of taking legal action to remove her from the care of the mother.
    If a PP is to be believed, the woman would be the same mental age and capacity as your daughter.
    My own sister has this same mental capacity, and despite being above legl age I would be
    A) Seriously considering the type of person who believes she is able to give consent for s3x
    B) Would be doing what needed to be done to protect and care for any nieces or nephews i had in this situation.
    My sister does NOT in any way have the mental capacity to understand the responsibilities associated with being a parent, and i have no doubt she would be a tremendously loving one. Love, despite popular belief, is not all that is needed to be a parent. So i can fully understand why the child would be taken and if it is the case then i can also fully understand why her daughter was taken and given custody to others.

    Sent from my HUAWEI-U8850 using BubHub

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    Default Little girl permanently removed from her good single mother :(

    Quote Originally Posted by Willow View Post
    See, I think everyone is entitled to their personal opinion, but if the article is to be believed then this is a miscarriage of justice purely because the woman had a slight intellectual disability.

    We should question things that appear to stink because quite often the smell is a good indicator of some kind of sh!te underneath.

    Or do we just shake our heads and allow ourselves the luxury of saying that there must have been a good reason...until something happens and we, or someone we are close to, find themselves in a situation where somehow they end up with the wrong end of the stick.
    A mild intellectual disability is not a 'slight intellectual disability' and can actually impact a person's daily functioning so that they can't care for themselves let alone a child (despite the 'mild' label).

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    The article says you would not know she was intellectually disabled to talk to her


 

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