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Archive for the ‘For Your Information’ Category

Hawkes Bay Events

Posted by watchingcyfswatchnewzealand on June 27, 2007

Hi guys – can you publish the following for me??
Hawkes Bay Events
It is now time for me to announce Dates and times for the events coming up in Hawkes Bay
There will be a protest outside the Napier Family court on thursday 26/7/2007 from 12noon to 1pm. There will be another one outside the Hastings family court on Friday 27/7/2007. Then the Republican party will have their Hawkes Bay launch on the Saturday and Sunday 28 and 29 July, again a meeting in Napier and Hastings, but I will let them anounce thier times and venues themselves.
I am keen for as much support as possible. We have TV1 lined up to come (though whether they actually come is a bit of a lottery). I am confident we will have at least 15 people protesting and I have hopes that it may be as many as 30.
This will be a strictly legal but hard hitting protest. Anyone is welcome to come along and support us and if you want to say something on the megaphone then please talk to me about it. All reasonable contributions are welcome, we just need to take care that we stay within the law.

It is best to contact me via comments on this post, or phone 06 878 3013
To get an idea of what will be happening you can look at the following web site
http://www.noellepapillon.com/NZFC/hastingscourtdemo.html
http://www.noellepapillon.com/NZFC/napiercourtdemo.html

For those people outside of Hawkes Bay who wish to come we can probably arrange low cost or no cost accomodation. We welcome anyone who wishes to join in, including grandparents, kids, partners etc, although we do call ourselves the fathers coalition, we do welcome women, mothers, girlfriends etc.
See you at the protest!!!!

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Hawkes Bay Family Court Watch

Posted by watchingcyfswatchnewzealand on May 11, 2007

Source: menz.org.nz

Hawkes Bay Family Court Watch

Filed under: General — Dr Dad @ 10:57 am

Hi To all,
This is an initial notice that we will be holding protests outside the Napier and Hastings Family courts in July. I am hoping to have as many people as possible there and will be inviting as many of the media as I can think of. I am also keen to get as many stories as possible about VD and put them on this site, to encourage the power of the people!!!
In order to be effective we must remain within the law, the protests and comments here must be legal, and not even able to be misconstrued as inciting violence.
The family court must change and be brought to account. Lets do this together.
Health, strength, and strong families, are my wishes for all.

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CURRENT REVIEW OF CYFS ACT UNDERWAY.

Posted by watchingcyfswatchnewzealand on May 7, 2007

Hi again People.
Could you post this please.

It appears there is a CURRENT REVIEW OF CYFS ACT UNDERWAY.

That will recommend changes if Necessary.
The first was news to us, the second, ho hum, heard it all before.

As you might know by now I, (Kay Axford) and others, are:
putting a Petition together, looking at final draft. (Other 2 earlier ones on this site already for visitors to look
and comment on or contact Kay
rinkidink@xtra.co.nz )
I am still going ahead with petition.

I have asked by e.mail the persons who sent said info, some questions to answer.

as I feel we will all be interested.

1; Who are the stakeholders contacted?

2; Does this review include parents?

3; Will cyfs be looking at adopting the international, accepted Code of Ethics
for their workers?

Are any of you aware that a REVIEW of Cyfs is going on! Or know anything about it, e-main Kay Axford or POST it
in WATCHINGCYFs.

Regards: Kay Axford.

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WELL FOLKS, CYFS UP TO SNEAKY SHIT AGAIN

Posted by watchingcyfswatchnewzealand on May 3, 2007

Anono writes

WELL FOLKS,
CYFS UP TO SNEAKY SHIT AGAIN

THIS ONE HAS EXTREME IMPLICATIONS FOR PARENTS WITH UPLIFTED KIDS

PERMANENTCY.

Cyfs new cost saving scheme, another horror for parents.
When a child is uplifted and placed in care. After 6 mths cufs can apply for Permanentcy.
This means; caregiver or whoever child is with becomes permanent parent/s
Real parents now have no say in childs life. Visits forget them! If a child is sick or in hospital. parents have no legal right to know.
Permanentcy is another word for adoption. Cyfs claim it is all about cost saving.
Myself, I call it criminal.

Supergrass told me this info tonight. I heard about Permanentcy last week, but had no idea what it really ment. Lets say: cyfs are now trying to force parents to sign this order or they take them to court to do so.
Lawyer for child, usually up cyfs butt, judge usually sides with cyfs, parents, trying to get legal aid; or in some Hicksvilles, even a lawyer. (one who does F. Court on legal Aid). I was told, NZ has more lawyers than Japan!.

This is a new all time low even for
Cyfs, scumbags that they are!

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CYFS NEW SNEAKY TRICK

Posted by watchingcyfswatchnewzealand on May 3, 2007

CYFS NEW SNEAKY TRICK

Anono writes

Look, I have no idea of how to contact you guys (Watching cyfs). I sent post in same Comments I am using now a few days ago RE: cyfs new sneaky trick.
PERMANENTCY about 2 days ago, just after I was given lowdown on it I also put a copy of it in Grame Axford’s Blog.
The fact is I know of one case where cyfs are badgering someone to sign or go to court. I got a reply from John @ PANIC
who like myself is concerned that some parents may sign the Permanentcy papers, not knowing they lose all parentual rights and their child has been legally ADOPTED OUT!
Visits. nothing to do with cyps as child has new parent’s.
Cyfs can take out this order after child has been in care over 6 months.
If child gets sick goes to hospital,
you (as real Parent/s )have no legal right to know.
Cyfs claim it is all about cost saving.
Myself, I call it criminal!

Is there any difference between this carryon and what happened to Aborigine
kids back in the 50’s & 60’s in Aussie?
That was also state sanctioned, now called a criminal act and condemned by
other countrys

So if you could see your way clear to putting this info up as a Post, it
would help parents to be aware.
On asking around, it is thought that MPs have no idea of this new kidnapping ploy to get our kids of of their books,
to make cyfs stats look good, but cost to parents. Heck if parents are separated, broken up, one signs the
Permanentcy papers, the other parent
is near out of their mind.
I met a person last week that this is happening to.

I had never heard of the word/term PERMANENTCY befofe a week ago.

This is a new low, even for cyfs.
The bottom line is: if parents get suckered into this, they are stuffed.
For all intents and purposes, their child is gone and cyfs are out of the picture.
This news may and will scare people,
but is is happening now. For privacy reasons, I can not say where and to who. Forewarned is forewarned.

Thanks guys!

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PANIC: How to Fight for Your Children in CYFS care.

Posted by watchingcyfswatchnewzealand on April 28, 2007

Source: PANIC

How to Fight for Your Children in CYFS care.

Overall Strategy

1. Believe in yourself and look after yourself.

2. Seek professional help and the help of all possible supportive relatives, friends, community workers, etc.

3. Tackle CYFS as hard as you can by going to the top with strong complaints to CYFS Chief Executive, Commissioner for Children, and Steve Maharey Minister of Social Welfare, as well as to the local branch of CYFS (see 5).

4. Persevere in tackling the issues, confronting CYFS in every reasonable way and in a professional manner; seek a professional response and accountability from the Department, and complain professionally when that is lacking.

5. Gain essential knowledge of the CYPF Act 1989 and use the law’s provisions to seek legal redress as speedily as possible.

6. Try to understand how the system works. Work within the system and make it work for you rather than stay outside it and let it work you over.

7. Seek God’s help, for with God all things are possible.

Guidelines

1. Request a copy of the CYFS files on you and your children, under both the Official Information Act and the Privacy Act, by sending a typed letter to CYFS including the names and ages of your children (see example of letter to obtain files).

2. Write down and have typed a concise record of the main issues concerning the uplift, using this record to inform potential advocates and to confront CYFS; write up your story including every significant thing that occurs in your battle with CYFS, and keep copies of all communications.

3. Don’t be pressured into signing papers you don’t understand or don’t agree with; and don’t be pressured into admitting guilt for something you didn’t do.

4. Obtain the services of a lawyer known to work/fight effectively for families with respect to CYFS. Decide what you want him/her to do and expect their cooperation and competent advocacy.

5. Write typed letters of complaint to CYFS (Site manager & supervisor of social worker, etc.) regarding the removal of your children and all subsequent concerns, with copy to your lawyer, and to your local MP. Follow up with phone calls, faxes, if they delay in their reply ….

6. Arrange a meeting with CYFS as soon as possible to confront them on why they uplifted the children, accompanied by at least one strong supporter and your lawyer if possible. Always have a supporter with you when visited by CYFS or going to meet them, and have your supporter take notes.

7. Gain the help of supporters by their writing letters, phoning CYFS, and meeting CYFS with you to advocate for you. They would need to use an “Authorisation to disclose personal information” form if communicating separate from you.

8. Visit your MP to gain his/her support; and when needed, to request a ministerial review.

9. Apply through your lawyer to the Family Court, on the basis of section 44 (CYFP Act) for (a) access, if it has been denied, and (b) for return of your children. This will lead to a Family Court hearing sooner or later, probably after a family group conference.

10. For family group conferences plan your strategy and have a team approach. Insist on giving your views and maintain your agreed goals. Don’t feel pressured into agreeing to the views/decisions of the professionals or majority family viewpoint. Non-agreement means a Family Court hearing will be necessary and will be more likely to result in an appropriate decision for your children.

11. In preparing for a Court hearing, obtain the support of people who know you well to write affidavits attesting to your character and competence as a good parent.

12. Write and speak to the Office of the Commissioner for Children to seek investigation regarding inappropriate actions of CYFS. Postal Address: PO Box 5610, Wellington; Street Address: Level 12, 86-90 Lambton Quay, Wellington City. Phone: 04 471 1410; Fax: 04 471 1418; Toll Free Call: 0800 22 44 53 (0800 A CHILD); E-Mail: children@occ.org.nz. Website: http://www.occ.org.nz

13. Write and speak to the Ombudsman, PO Box 10-152, Wellington, phone 0800 802 602, for clarification of your legal rights and to seek an investigation. Mr Edie Twist is the CYFS investigator.

14. Obtain a copy of the CYPF Act (1989) (from major bookstores), or read it in the local library, or on-line at the Public Access to Legislation Project, to learn the key principles and procedures for resolving family issues through CYFS and the Family Court.

15. Obtain a copy of the UN Convention on the Rights of the Child from the office of the Commissioner for Children, or from PANIC ($1).

Compiled by John Tonson, Panic Director


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Feedback wanted

Posted by watchingcyfswatchnewzealand on April 27, 2007

Feedback wanted

Hi Watchingcyfs.

Could you post this for us. We would like feedback from visitors to this site/blog.
then we will adopt final version. plus any additional ideas.
TO: rinkidink@xtra.co.nz

Re Petition. I tried to find how to send you 1st draft copy of copy of petition
calling for huge changes to cyfs & application etc.
Now we have copy of redraft of it from Clerk Of the House.
1st draft:
That a full investigation/inquiry into changes to cyfs be done.
That the body doing said inquirey, have broad powers to investigate all aspects
of the Act cyfs works under. Looks at outstanding and ongoing complaints.
Makes recommendations for changes.
That Body has the powers to enforce said changes. This to be done in consultation with parents and Public.

Secondly: A FULLTIME BODY be set up to deal with all complaints and problems with cyfs.
This to have wide ranging powers, Authority to investigate all cyfs staff.(Both professional and private lives). As well as their conduct and practices.The said powers; have a wide
scope to investigate cyfs and matters pertaining to. in complete entirety.
Have powers to enforce changes needed to cyfs. Make cyfs accountable. Make
cyfs answerable for any wrong -doings, powers to follow through.
Therefore; any cyfs worker, who abuses their powers, abuses parents, care givers or familys, can be suitably punished. (no set time limitations, ie: even if incidents happened 20>30 yrs still accountable for their actions).

The Govt dept presently known as cyfs must be fully accountable. any wrongdoings by said Dept, punishable. Justice must be seen to be done, for said dept to have any credibility and restore public faith in it.
It is recommended that said Body by lead by a retired Judge.
Further that majority of persons making up the body, not be members or ex members of cyfs
A large input can come from them. Also any groups who monitor cyfs wrongdoings. If possible, groups such as PANIC, (who see the need for cyps, but not in its present state).
Could put names forward, to fill places on said body, to give balance views.
END;
It is thought, smaller versions in bigger centres around nz.

REPLY FROM : Office of Clerk (Parliament) Plus their changes to above draft.

Reply;Thankyou for letter 24/4/07 asking for me to look at the wording of Kay Axford’s proposed petition and make any necessary changes to ensure the final wording complies with Standing Orders (Parliamentary practice).
Please find attached a draft petition for Kay Axford’s consideration. I have suggested changes to the layout of the petition, to make it easier to read, and to the length of the prayer (request being made to the House, because the prayer only needs to be a brief snapshot of what the petitioner is asking the House to do. It does not need to include the reasons why the request is being made.

Here it is:

That the House establish a body, with broad powers to inquire into all aspects of the Children, Young Persons and their Families Service, and that this body, after consultation with parents and the public, have the power to make recommendations for change establish a full-time body, with wide ranging powers, to deal with any complaints made about the practices, procedures, actions or conduct of staff of Children, Young Persons and their Families Service and enforce any recommendations for change that were recommended by the inquiry body and later adopted by the Government.

Thats it folks. Does 2nd draft have teeth? Any ideas welcome.

Thanks: Kay Axford.


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This will happen many times a day throughout NZ if the Braqdford bill gets past

Posted by watchingcyfswatchnewzealand on April 5, 2007

Source:  NZPLC (New Zealand Principal and Leadership Centre Legal Website.)

Child Youth and Family Services and the Police

There are times, when either the Police, or social workers from Child Youth and Family Services (CYFS) may come to the school to interview children, or to remove children. Particular instances are discussed below.

Visits by CYFS to Interview Children

There are a number of occasions on which a social worker is authorised by the Court to interview a child. These are outlined below:

1. To investigate any report made to the Department that a child has been ill-treated or neglected under Section 15 of the Children, Young Persons and Their Families Act (CYPF Act). Under Section 17 of the CYPF Act, a social worker or a member of the Police is required to investigate any such complaint.

2. In custody and access proceedings it is not unusual for a Family Court Judge to direct that a report be obtained by a social worker in relation to the applications. This direction is made under Section 29 of the Guardianship Act or S186 of the CYPF Act. The social worker may wish to attend at the school to interview the child away from the parents.

3. There are a number of sections under the CYPF Act that can give either interim custody or custody to the Department. These are Sections 78, 101 and 102 of the CYPF Act. In addition, the Department may obtain a Place of Safety Warrant under Section 39 of the CYPF Act or reach a temporary care agreement with the custodians under Sections 40 and 139 of the same Act. Orders under these sections would authorise a social worker to remove a child from the school.

4. The Family Court may make an Order under Section 10B of the Guardianship Act placing a child under the guardianship of the Court. It may then appoint the Department to act as its agent. This is sometimes known as a “wardship” application. Wardship can also be ordered by the High Court. If the Department is appointed as the Court’s agent, then the Wardship Orders may authorise a social worker to remove a child from the school.

If a school is contacted by a social worker seeking to interview a child, the school is entitled to ask why the child is to be interviewed. In the situations in paragraph 2-4 above it would be expected that the social worker could produce a copy of a Judge’s Order verifying their right to interview the child. However, it is important to be mindful, that where urgent reports are sought, a written record of the Court Order might not yet be available.

If the report writer is interviewing the child by direction of the Court to obtain a Section 29 report, then the author’s view is that the school should make the child available and is not required to seek the parent’s permission first. The school would be entitled to rely on the Court Order that the report be obtained and to facilitate the obtaining of that report.

Visits by Police

As with social workers, where a report is made to the Police under Section 15 of the CYPF Act of ill-treatment or neglect, the Police are required to investigate the complaint and may do so by visiting the child at school. It would not be unreasonable for the school to ask the Police why they wish to interview the child. However, it is up the Police to check they comply with the law and the school would be entitled to take their request as indicating that they have authority to interview the child.

Notification to the Parents

There have been cases where parents or guardians have refused permission for a social worker to interview the children. In Re the C Children, 10 April 2000, Judge Inglis QC, FC Tauranga, CYPF 070/045/99, Judge Inglis QC rejected the mother’s claim that the evidence of the social worker’s interview with the children was inadmissible because she had told social worker that the children were not to be interviewed except in her presence. The Court held that the rights and responsibilities of a parent or guardian exist only to the extent that they are exercised for the welfare of the child and noted “it is not a proper exercise of the responsibilities of parenthood to decline, to consent, to [the] interview of a child in a case such as this if the reason for declining consent is to protect the parent from the consequences of any disclosure the child may make or to inhibit properly inquiry into the parent’s behaviour”.

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Author/SourceGubb and Partners – 2003

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Open letter to the Prime Minister from the Timaru mother

Posted by watchingcyfswatchnewzealand on April 3, 2007

Source: section59

Open letter to the Prime Minister from the Timaru mother

Dear Ms Clark,

I refer to your many comments in the media in respect of repeal of S59 about people hitting their children with riding crops and getting off.

I am the mother who disciplined her son with the riding crop. This was controlled discipline, not an angry assault. My son had just swung a baseball bat at his stepfathers head. He could have killed my husband.

After the discipline we had a well behaved, loving and compliant boy. A riding crop is designed to give a stinging sensation but is not injurious. There were no marks left on my son at all.

I may have been acquitted, but I certainly have not “got off”. Even though I was acquitted CYF seized custody of my son, tore our family apart and nearly three years later I am still fighting to have him returned as CYF do not agree with the fact I physically disciplined, even though all forms of non physical discipline had not worked with this child and this was the only thing that did.

My almost 15 year old son is desperate to be at home where he feels loved and secure.

I am a responsible Mum who dearly loves her children. My sons behaviour was unacceptable. I corrected it. Repeal of S59 removes a parents ability to correct a child. Many politicans have lied about our case in order to bolster their agendas.

I am fed up with people who were not party to the facts of our case using it as a reason to make a very bad law change.

We have been through hell at the hands of CYF.

My son was placed on Risperdal whilst in CYF care to modify his behaviour. This has been banned in the states for use on children because of the life threatenning side effects. The side effects of Risperdal and the psychological damage to him by being removed from a family who love him, were much worse than the thirty second sting to his bottom.

I am still fighting for my son to be returned to my custody. The hell we have been through at the hands of CYF is a worse punishment than any the court could have issued if I had been found guilty.

Please do not for one moment think I got off. CYF have seen that I did not.

I ask that you reconsider your stance on repeal of S59.

Your constituents do not support your stance according to online polls.

If you support repeal you are supporting the destruction of many more families through state intervention as the police will involve CYF (as they do already) when investigating complaints. Even if the complaints are unfounded CYF will still hold children from their parents. I know this as I am a support worker for PANIC (parents against negative intervention of CYF) and have seen many cases like this.

Ms Clark you are not a Mum, so you can only speculate what hell it is for a parent to have her child taken away. This punishment is worse than any that could be inflicted on a parent, short of a child dying.

I might have been acquitted but have been punished as if guilty.

Please do not quote our case again, unless you are properly representing the facts. Tell the public how the state have punished me even though I was found NOT GUILTY.

If you wish to discuss any part of this email with me, please call me on…

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Frightening statement on smacking

Posted by watchingcyfswatchnewzealand on March 24, 2007

Source: Christian News

Frightening statement on smacking
26 July 2005

Rob Robinson
Commissioner of Police
PO Box 3017
Wellington
Dear Mr Robinson,

Should Section 59 of the Crimes Act be repealed, what assurances can you give to the parents of New Zealand that they will not be charged with assault under Section 194(a) of the Crimes Act if they subsequently were to smack their child(ren) on the clothed buttocks with an open hand by way of corrective discipline?

Yours faithfully,

Craig S. Smith
National Director


Here is the reply is from Dr A. Jack, Legal Services, Office of the Commissioner of Police and is on Police letterhead.


11 August 2005

Mr Craig Smith
National Director Family Integrity
PO Box 9064
Palmerston North
Dear Mr Smith,

On behalf of the Commissioner I am writing in reply to your letter of 26 July 2005 concerning Section 59 of the Crimes Act 1961.

As you will be aware, section 59 of the Crimes Act 1961 authorises parents to use force by way of correction towards their children, if the force used is reasonable in the circumstances. If section 59 was repealed in its entirety parents would not be authorised to use reasonable force by way of correction. Having said this, I am advised that parents would still be authorised to use force to prevent harm to their children. For example, if a parent stopped their child from running out onto a busy road or stopped their child from climbing over a balcony on a building.

However, smacking of a child by way of corrective action would be an assault. I am advised that the Police in investigating such cases, as is the case with all assault investigations, would consider the amount of force used in the circumstances before making a decision about whether a prosecution is required in the public interest. An aggravating factor in any such decision may be the fact that a child is generally more vulnerable than an adult.

I trust this matter clarifies this matter for you.

Yours sincerely,
A Jack (Dr)
NM – Legal Services
Office of the Commissioner


Craig Smith comments:


Dr Jack has clearly stated that smacking definitely will become an assault should S.59 be repealed. The only questions then are whether smacking episodes come to the attention of police and whether the police will press charges when they do. That is, whenever we smack our children, we will be technically guilty of assault against a child, and will live in constant fear of being charged. Can anyone afford the cost, the trauma, the damage to one’s reputation of a child assault trial, even if you are acquitted? In the meantime CYFs, as they do already, will have removed the child from your family and it is not automatic that CYFs gives the child back.

I submit that this is a very real and very dangerous threat to our freedom to parent our own children according to the dictates of our own consciences. We cannot let it go unchallenged. We do need to lobby against this anyway we can.

Yours faithfully,

Craig Smith
National Director
Family Integrity
PO Box 9064
Palmerston North
New Zealand
Fax: (06) 357-4389
\n Family.Integrity@xtra.co.nz This email address is being protected from spam bots, you need Javascript enabled to view it
http://www.FamilyIntegrity.org.nz

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