Alternative Dispute Resolution (ADR)

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New South Wales Department of Justice

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alternative dispute resolution in the

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Children's Court the New South Wales

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Children's Court deals with matters

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relating to the care and protection of

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children and young people (people talking)

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the court can make different types of

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orders about the care and protection of

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your child the job of the children's

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Court is to make decisions about how

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children will be kept safe and healthy

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it's important that you can provide

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input into the future care of your child

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one way to do this is by taking part in

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a dispute resolution conference or

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another type of mediation (a courthouse)

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the following story explains what

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happens when you'll refer to one of

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these programs by the children's court a

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woman typing at her desk in a private

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office a young woman enters I'm scared

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and confused I don't understand what the

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Children's Court said that we had to do

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in two weeks it's something called a

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dispute resolution conference a dispute

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resolution conference is basically an

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informal meeting between you and Michael

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there's Emily's parents community

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services and Emily's lawyer now it's a

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chance for everyone to sit down and

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discuss the concerns that they might

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have about Emily's safety and care now

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while we're talking about all of these

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things the whole point must always be a

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focus on Emily and her best interests so

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what needs to happen to make sure that

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Emily is safe and healthy it's not about

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what you or Michael want

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okay so who's going to be at the

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conference well you and Michael will be

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there I will be there melissa has your

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lawyer Community Services caseworker and

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their manager the community services

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lawyer and Emily's lawyer

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wow that's heaps of people so who's

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going to run the conference well in your

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case it'll be a children's register from

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the children's court but sometimes it

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could be a mediator from outside of the

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court either way they are independent

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they don't take sides

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giorgos registrar's and mediators and

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not judge us on magistrates they they

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don't come in to make a judgment about

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you or your case their role in the

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conference is to help discussions along

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what do you mean help discussion along

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well a mediator is there to help

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everyone talk about the matter and to

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work out what the important issues are

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for everyone that's at the conference

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they're also there to identify what it's

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a greater part and what is not and when

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it comes to the point of discussing

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Emily's care and the options for it then

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they'll help you to think about that

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do I have to be there Jenny this is your

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chance to sit down with community

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services and Emily's lawyer and state

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your point of view now I will be there

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as your lawyer and it is my role to

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support you so if you feel unable to

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speak at any time then I can speak up

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for you so how will the conference be

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run well every conference is run a

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little differently depending on

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everyone's needs but all conference is

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run for between two to three hours

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there'll be time allowed for a group

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discussion time to speak privately with

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the registrar and even time to speak to

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me if you need it plus if you feel that

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you need a break there is time to go

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outside and clear your head so do I need

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to do anything before the conference so

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first of all Reed Community Services

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care application for Emily try and

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understand why they are so concerned

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about Emily's care okay so first of all

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read through the community services care

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application okay I can do that okay next

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you need to try and see what the

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important issues are around Emily's care

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that needs to be worked out so things

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like you staying off the drugs think

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about how you can put right all or at

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least some of the issues that you've

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identified perhaps starting with how to

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help your drug problem

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okay so once I've thought about all the

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things that need fixing or what then

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well then we need to start thinking

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about the options for Emily's care try

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and be open-minded we might need to

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think about Emily staying with an aunty

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for a period of time we also need to

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work out how Michel can fit in with

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these options - even though you're not

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together anymore as Michael and Emily

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are Aboriginal we also need to work into

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the agreement that Emily will stay

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linked to her culture and connected to

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Michael's family - so think about the

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options that you would prefer and how

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they would affect Emily try and think

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about the options that would be in

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Emily's best interests and those options

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that you come up with ask yourself are

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they enough to keep Emily as safe and

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healthy and happy as possible okay so

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think of the different places where

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Emily could live and also how her

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heritage is important that's right

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and last but not least the reality test

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what's that

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well it's sitting back and thinking

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about the options that you've chosen and

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how realistic they are thinking about

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all of these things is going to help you

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to understand the case better and

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understand what you can get out of the

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conference well I'll need to have a

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think it's so much to take in shall I

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come back and see you when I've thought

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about it yeah yeah let's catch up next

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week and we can talk about the issues

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and the options that you've come up with

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and see if we can add any more to them

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and what about Michael Emily's dad he

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doesn't have a lawyer does he need to do

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anything oh yes even though he doesn't

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have a lawyer he still needs to think

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about all the things we've spoken of

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today

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okay thanks Jenny I'll I'll let Michael

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know I'm nervous about the dispute

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resolution conference but I can see that

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it's the best way for me to have my say

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about Emily's cats so I will definitely

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have a think about all these things I'll

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see you in a week thanks mrs. C then two

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weeks later Melissa and Michael are

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waiting in a corridor with an older man

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Jenny joins them now Mike how are you

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feeling about today's conference well

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I'm pretty nervous so I decided to bring

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my dad Greg along hi great nice to meet

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you okay then Melissa how are you

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feeling I'm nervous but I'm not gonna

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miss the chance to have my say try not

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to be nervous because we have prepared

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really well okay and everyone coming to

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this conference is gonna be focused on

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getting an agreement that is in Emily's

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best interests that's the community

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services case work in the manager okay

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well don't worry

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everybody is here to do what is right by

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Emily okay we'll all get a chance to

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speak come on we're coming participants

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sitting at tables arranged in a u-shape

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good morning everybody my name is

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registrar Jones and I'll be chairing the

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conference today perhaps to start if we

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could just go around the table and

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introduce ourselves perhaps we could

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start with Emily's mum hi my name is

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Melissa I'm Emily's mum hi I'm Jenny

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brown

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I'm Melissa's lawyer hi I'm Michael I'm

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Emily's dad but I don't have a lawyer

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that's fine Michael part of my job today

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is to make sure that you get an

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opportunity to say what it is that you

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would like to say if you have any

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questions that arise during the process

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please don't hesitate to ask my name is

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Greg Michael's dad only to supporting

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the day thanks Greg does anybody here

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have a problem with great being here as

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a support person for Michael no well

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Greg you probably won't have as much

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opportunity to speak as everybody else

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because your main role here today is as

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a support person for Michael but if you

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feel that there's something that you

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could say that would add value and

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contribute to the discussion then then

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please do so my name is Mark Duncan and

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I'm Emily's lawyer and I'm Maria I'm the

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Community Services caseworker for Emily

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and her family my name is Tara and I'm

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the manager of community services hi my

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name is Gordon Wong and I'm the lawyer

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for community services great that's

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everybody our main purpose today is to

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try and reach agreement about the future

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care arrangements for Emily Emily's best

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interests are our primary focus today

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and if we can reach agreement it may

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mean that you avoid going to the

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Children's Court for a hearing I'd ask

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that everybody be here today with an

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open mind and that you speak directly to

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each other

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because even though there are lawyers

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here it's really about the parties

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participating in the process and

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speaking directly to each other the

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court takes these conferences very

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seriously and if agreement can be

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reached one of the lawyers here can

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write that agreement up and it can be

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given to the Children's Court what is

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said today is confidential although

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there are some exceptions to that one of

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those exceptions is if we all consented

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another exception would be if new

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information came to light about a child

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being abused or if telling somebody

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outside the room would mean protecting a

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person from risk of harm from being

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harmed or from property being damaged so

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those are the exceptions to

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confidentiality I've read all of the

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information that's been filed about

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Emily and it seems to me that the main

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issues concerning her care whether or

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not there's a realistic possibility of

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Emily being restored to her parents to

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Melissa and Michael where Emily should

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live in the short term and in the longer

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future term how much contact Emily

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should have with people who are

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significant to her and maintaining

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Emily's links with her culture to the

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extent that that Michael and Melissa

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would be happy with is there anything

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else that anyone can think or would like

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to add to those issues

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okay well perhaps we could start with

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the first one which is whether or not

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there's a realistic possibility of Emily

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being restored to her parents and Maria

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asked Emily's caseworker would you like

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to talk about that thanks for distracted

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at this stage we are undecided about

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whether Emily can return to Melissa and

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Michael's care the main concerns that

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community services have is about your

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drug use Melissa when I spoke with you

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last month you said that you were still

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using drugs although you were trying to

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come clean so how are you going with

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that now well I know that my drug taking

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really messes me up and it's meant that

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I can't take care of Emily as well as I

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should I want to stop but it's heaps

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hard I spoke to my doctor last week and

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he's sending me to a drug rehab program

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at the RPA hospital it's for six months

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and it's meant to be a good one

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I'm going there next week so they can

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work out what's going to happen that's

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fantastic progress melissa is great to

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hear that you're willing to commit to a

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six-month program to help with the

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addiction give Mary a call when you

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started and we will speak with you how

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we can contact the clinicians at the

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rehab to check on your progress

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it is essential that you not only attend

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the rehab program but he actually make

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progress as well so Michael if Emily's

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dead how do you feel about what's been

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said I support Melissa 100%

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we both want Emily to come back and live

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with us even though we're not living

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together anymore and I'm willing to do

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anything it takes to bring her home and

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we staying currently with

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an Aboriginal family in foster care I

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still think it's a good idea that we're

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somehow involved around some about my

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family activities I know I've got a lot

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of issues especially with some of my

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anger management stuff I read through

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the care up like a shinigami and I know

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that's one of the reasons why Emily

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coupled it with us that's right Michael

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and we would really like you to go and

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have some kind of anger management

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counseling with a psychologist have you

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ever thought about that no not really

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but if you think it'll help I'd be

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interested how can I find one well if

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you have a GP you can ask them for a

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referral to a psychologist if you don't

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have a GP we could help you get in

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contact with one but I actually do have

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my own doctor so I can actually see him

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tomorrow oh well we have an appointment

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on next week so perhaps you could let me

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know how it's gone then he nods we will

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be considering both of your progress in

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rehab and counselling in looking at

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whether it's a realistic possibility

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that Emily can be returned to your care

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then mr. Duncan as Emily's lawyer what

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do you think about the prospects of

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Emily being returned to Michael and

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Melissa's care well as Emily's lawyer I

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have some real concerns in regards to

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Melissa's drug addiction and Michael's

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anger management issues however I do

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feel the de tending rehab and

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counselling are very good steps towards

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resolving those issues and Melissa we

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are very happy with the way that you've

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been working with us to try and resolve

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your situation I know that you've

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already finished the parenting course

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that we asked you to go to so further

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down the track we might agree that Emily

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can be returned to your care but in the

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short term we think that Emily needs to

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stay in foster care until we can be

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assured that both you and Michael have

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resolved your problems the participants

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exchanged glances and Jenny make some

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notes before speaking with Melissa at

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the table they're still talking when

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they leave the conference room together

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Melissa's wringing her hands nervously

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but then she looks relieved

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wow that felt like a really long time

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but it was better than I thought and I

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think I can see what we need to do to

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get Emily back here

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I agree Melissa well done now we were

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able to reach an agreement today that

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there is still some work to be done by

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you and Michael before Emily can be

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returned to your care now you will need

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to continue with the rehab and Michael

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will need to start anger management

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counseling

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okay now community services will be

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checking in with the clinicians at the

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rehab and the counseling just to see how

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both you and Michael are going community

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services have said that they will

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consider returning Emily to your care in

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twelve months depending on how you go in

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the rehab in the meantime Emily will

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only need to live in foster care even

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though she will have contact with

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Michael's parents and his uncle okay

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community services will be having a

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meeting next week with both you and

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Michael and Michael's parents just to

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discuss how Emily can stay in contact

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with her culture while she is in foster

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care now your contact with Emily will be

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pushed to later in the afternoon to take

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into account your rehab and with Emily's

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sleeping times so what happens now well

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now a lawyer from today's conference

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will draft up an agreement and that will

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go in front of a magistrate at the

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Children's Court next week and if the

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magistrate believes that the agreement

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is in Emily's best interests then they

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will turn it into final orders you need

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to stay in touch with community services

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and have those meetings while you're in

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this rehab program just that they can

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monitor your progress thanks Jenny

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it's good to feel like we can get there

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I mean maybe now I can kick the habit

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and get Emily back it's in a week's time

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even Melissa walks away with a smile so

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remember if you're going to a dispute

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resolution conference or some other type

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of mediation in the Children's Court

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make sure that you prepare read through

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the community services care application

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again and think about what they were

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worried about identify what you see as

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the real issues in the case around the

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care of your child write them down in

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order with the most important issues

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first these issues could be things like

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a parent continuing to take drugs or

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where your child will live try to also

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think about these issues from community

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services point of view if you can next

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think about different options for the

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care of your child these could be

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options around where your child will

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live and who will have parental

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responsibility for your child think

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about which option you'd prefer

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and the impact that this will have on

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your child lastly reality test this is

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about sitting back and thinking about

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the options that you've just come up

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with be realistic about your position

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and make sure that your options are

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reasonable turn up on the set date and

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on time come with an open mind speak up

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when you're invited to have your say

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it's the best chance you have to

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contribute to the consideration of your

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child's future care and lastly remember

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you all have your child's best interests

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at heart

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Government Department of Justice