For 4 years a girl (Now 13) has been trying to return to her father .She
had been living with him before a third party made false allegations of sexual
abuse. All charges were dismissed in a High Court hearing. The Family Court,
however, would not return custody to the father. The reason was that the Counsel
for the Child did not present the child's wishes to the Family Court, would
only interview the girl with the mother present, would not file an affidavit
expressing the girl's wishes (even though asked to do so by the girl), and
did not follow the code of practice of lawyers acting in the Family Court.
(The Counsel for the Child is a self confessed lesbian)
The 13-year-old girl complained to her father that
the Counsel for the Child was not presenting her wishes to the court.
The girl wrote her wishes down and gave one copy to her father and one
to the Counsel for the Child, to ensure that it reached the court. The father
rang youth law who were interested
and helpful. They said that they could only talk to the girl and they could
not enter into a custody battle. They would only advocate for the girl if
the Counsel for the Child was not doing the job properly.
The father rang the Counsel for the Child and told her that his daughter
would be making a complaint to youth law and that the Counsel for the Child
would be prosecuted. He was answered with a prolonged silence and then asked
what was the complaint going to achieve. The father repeated the first statement
and outlined the basis for the complaint. The lawyer asked what the father
wanted and he said the return of his daughter. The lawyer argued and said
that this was not possible, so the conversation ended with the father again
stating that he was not going to give up and that youth law were happy to
At 3 oclock that afternoon the Counsel for the Child
rang the father and said that he had custody of his daughter and that she
would be living with him.