Child Protection Investigation
The client is experiencing a troubling situation involving social services in Western Australia. A referral has been made regarding the client's child, involving claims against an ex-partner who has a history of domestic issues and is currently monitored by the authorities. Social services have begun communication with law enforcement to gather further information about the ex-partner's conduct. The client is anxious about the possibility of losing custody of their children. This matter involves aspects of Child Custody, Social Services Investigation, Child Protection, and broader Family Law issues.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps can I take to demonstrate that my children are safe and well-cared for in my custody?
To show that your children are safe and well-cared for in your custody, provide evidence of a secure home environment, including a tidy and safe living situation, regular school attendance, and involvement in education and extracurricular activities. Maintain open lines of communication with social services and comply fully with assessments or requests for information. Keep records of any positive arrangements made for your children's care, such as childcare plans or family support. Gather references from professionals like teachers or healthcare providers who can speak to your children's welfare. Consulting with a family law solicitor for tailored legal advice is also recommended.
What are the potential outcomes if social services find the information from the police concerning?
If social services find the police information concerning, they may implement a Child Protection Plan to ensure your child's safety, which could involve regular visits, interviews with you and your child, and collaboration with other agencies. In severe situations, they might initiate legal proceedings to obtain a Care Order, temporarily removing your child from your care. The actions taken will depend on the perceived level of risk to the child and will focus on their best interests.
How long does a social services investigation typically take, and what can I expect during this process?
A social services investigation usually takes about 45 working days, depending on the case's complexity. You can expect home visits, discussions with you and your children (if appropriate), and interactions with other relevant professionals such as teachers or doctors. You will be kept updated on the investigation's progress and findings, and if necessary, a Child Protection Conference may be held to discuss further actions.
What rights do I have as a parent during a social services investigation, and how can I ensure they are upheld?
As a parent, you have the right to understand the nature of the investigation and be kept updated on its progress. You are entitled to have your views considered and to bring a support person during interviews. Social services must prioritize the child's best interests, and you can challenge any decisions you believe to be unfair legally. Keeping detailed records of all communications with social services and seeking legal advice if needed is crucial.
Could social services take my children away based solely on my ex-partner's history, or would they need further evidence?
Social services cannot remove your children solely based on your ex-partner's history; substantial evidence of risk is needed. They will evaluate the overall situation, including your ability to provide a safe environment and the risks posed by your ex-partner. Protective measures may be taken based on thorough investigations, and you may wish to consult applicable legislation for more details.
