CCPR/C/120/D/2798/2016 the daughter on a list to see a speech therapist when she was two and a half years old. The author submits that she repeatedly contacted the Department of Community Services to remind them that the Kogarah Diagnostic Clinic had told them in 1993 and 1994 that the daughter needed to see a speech therapist as a high priority. The author explains that the Department ignored her, despite their promise to attend to the daughter’s needs. From 1993 to 1995, the daughter attended preschool and play schools. In 1996, the author placed her daughter in the Loftus Satellite Class School with the help of the Autism Association of New South Wales, which gave her help and advice on how to take care of an autistic child. The author submits three affidavits in support of her parental capacities. 2.7 The author explains that, as her ex-husband had denied her any form of contact with her daughter and as she had concerns about the daughter being neglected, mistreated and abused by her father and stepmother, she decided in December 1999 to initiate proceedings in the Sydney Children’s Court to rescind the care orders made by the court on 21 July 1997. The author submits that the Court rejected her request that an assessment be carried out of her daughter’s intellectual capacity, and for her daughter to be able to participate in the proceedings to express her position as to her placement and treatment. The Court gave a supervision order to the Department of Community Services requiring the author’s exhusband to permit reasonable contact between the mother, the daughter and the daughter’s siblings.2 2.8 In April 2002, the author initiated new proceedings in the Sydney Children’s Court, seeking a rescission of the care orders of 1997 and 2000. She submitted a request that her daughter, who was 12 years old at that time, be allowed to give evidence regarding the abuse and treatment by her father and stepmother, and a request that her daughter be assessed by an independent expert. Both requests were rejected. The author explains that the proceedings were later transferred to the Wyong Children’s Court. The magistrate ordered that the daughter be allowed to have unsupervised contact visits with the author for two days every school holiday. 2.9 In January 2003, the author lodged an appeal with the Sydney District Court against the 2002 decision by the Wyong Children’s Court. The Court ordered an assessment of her daughter by an expert attached to the Children’s Court. The expert also interviewed the author, who was assessed as having “a chronic undiagnosed paranoid disorder” manifested by the “conspiracy theory” about the Department of Community Services. The expert placed very little emphasis on the medical reports filed by the author of doctors that she had been seeing over lengthy periods of time since she had lost the custody of her daughter. In the oral proceedings, the expert admitted that the author’s daughter had said that she wanted to live with her mother and not with “those people who treat me bad” and that “my mummy has never treated me bad”. However, the expert disregarded the wishes of the author’s daughter because she believed that the author’s daughter did not have the capacity to know what was in her best interest. The author submits that, as a consequence, the court ordered that her interaction with her daughter be limited to three hours of supervised contact every school holiday. The author indicates that, despite the fact that it was revealed during the proceedings that her daughter had been abused by her father and stepmother, she was still left in their care. 2.10 On 12 March 2003, the author filed an application in the Family Court of Australia in Melbourne, Victoria, which has Federal Jurisdiction, because she felt she was not getting a fair trial under the jurisdiction of the New South Wales court, but to no avail. 2.11 In February 2005, the Department of Community Services filed an application in the Children’s Court at Wyong seeking custody of the daughter because, allegedly, the father no longer wanted to take care of her. The author applied for legal aid, but her request was rejected. Her solicitor withdrew from the proceedings and she had to withdraw her application. 2.12 On 18 February 2005, the author filed an application in the High Court of Australia seeking special leave to appeal the single-judge decision made on 20 September 2004 by the Family Court of Australia. She also sought an order from the High Court to prevent the 2 No further details are provided. 3

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