by Talhia Roberts

Created on: November 22, 2008   Last Updated: February 01, 2009

Kathryn had returned to her mother's care in December 2007 and reported to her mother and Inala Department of Child Safety (DOCS) that she and her brother had been abused by their father and step-mother ever since Inala DOCS officers had placed them there in September 2007. Kathryn spoke of the ongoing domestic violence between her father and step-mother and how all of the children residing in the home were exposed to this violence.

Tanya pleaded with officers from Inala DOCS to return Lachlan to her care and prevent further harm to Lachlan. They refused to provide any form of assistance in securing Lachlan's safety or his return to his mother and sister, but instead suggested to Tanya that she lodge an application with the Federal Magistrates Court to have Lachlan returned to her. Additionally, they advised Tanya that she had always maintained legal custody of Kathryn and Lachlan and they (DOCS) had never taken legal action to overturn Tanya's legal custody of the children which was initially secured by the court in 2002. This was despite DOCS Officers previously advising Tanya that she was not permitted any contact with her children and that any attempt by her to access her children would result in police intervention.

Tanya lodged an urgent application to the Federal Magistrates Court to have Lachlan returned but to date (November 2008) she is still awaiting a decision from the court.

On 23rd March 2008 Tanya received a call on her mobile phone from Lachlan, her 9-year-old autistic son. She had not seen or heard from Lachlan since September 2007 when his father, with the support of the Inala branch of the Department of Child Safety (DOCS), illegally removed Lachlan and his sister Kathryn from their mother's care and placed them with their abusive and violent father and step-mother.

Tanya and Kathryn were on a beach at Bribie Island, fishing with friends. Earlier that morning they had driven through the suburb where Lachlan was residing with his father and Tanya had suggested that they swing by and snatch Lachlan before anyone had the chance to call the police. Kathryn and Tanya both agreed that Lachlan would enjoy a day of fishing at the beach.

Lachlan spoke on the phone. He told his mother that he needed to come and live with her. He asked her where she was. "Dad says I need to come and live with you, where are you". Tanya spoke with Lachlan's father Barry who advised that it was not safe for Lachlan to live with him. He said there had been an extremely violent

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