Australia Australia - William Tyrrell, 3, Kendall, NSW, 12 Sept 2014 - #26

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just reposting this,
http://www.nowtolove.com.au/news/latest-news/why-well-never-hear-the-truth-about-william-tyrell-7084

and this from the australian in 2015, the gag order on bios was lifted after 7 mths
[h=1]Daniel Morcombe’s dad critical of gag on William’s parents[/h]The father of murdered teenager Daniel Morcombe has criticised the NSW government’s refusal to allow William Tyrrell’s parents to speak publicly about their son’s disappearance for seven months before this week.
http://www.theaustralian.com.au/new...s/news-story/3f72de598e8911b15a852140629a0e9c



 
Ms Smith worked with a barrister in the landmark case.

http://www.dailymail.co.uk/news/art...ls-William-Tyrrell-mission.html#ixzz4r9M5xpqF

3:00 video
Taylor A - What sort of legal representation did you have?
Alanna S - I had absolutely nothing ...just me.

TA - Can I let you in on a little secret? When I told my colleagues about this case, because we had been in contact for months and months and months.
TA - They thought that A) You were nuts. But I had gone tropo.
AS - Thank you so, so, so very, very much for believing in me.

:thinking:

http://www.9news.com.au/national/20...d-explosive-william-tyrrell-foster-revelation

Representation:
Counsel:
MW Anderson (Applicant)
S Christie (First Respondent) ......................???

Secretary, Department of Family and Community Services (Applicant)
Allanna Smith (First Respondent)

https://www.caselaw.nsw.gov.au/decision/5996755ce4b074a7c6e17e4c

Just wanted to add the statement from FaCS, Tracey Grimshaw mentioned:

'Statement from a Department of Family and Community Services spokesperson:

If William’s care status was relevant to his disappearance or the police investigation, FACS would have allowed it to be revealed.

Kids in care are often stigmatised. We know this from kids themselves, and from research showing that being identified as in care can cost them friends and opportunities at school and work.'

Source:

Extras: ''Fighting for William'
A Current Affair
Channel 9
29 August 2017 7:30pm AEST
https://www.9now.com.au/a-current-affair/2017/extras/latest/170829/fighting-for-william
 
Ms Smith worked with a barrister in the landmark case.

http://www.dailymail.co.uk/news/art...ls-William-Tyrrell-mission.html#ixzz4r9M5xpqF

3:00 video
Taylor A - What sort of legal representation did you have?
Alanna S - I had absolutely nothing ...just me.

TA - Can I let you in on a little secret? When I told my colleagues about this case, because we had been in contact for months and months and months.
TA - They thought that A) You were nuts. But I had gone tropo.
AS - Thank you so, so, so very, very much for believing in me.

:thinking:

http://www.9news.com.au/national/20...d-explosive-william-tyrrell-foster-revelation

Representation:
Counsel:
MW Anderson (Applicant)
S Christie (First Respondent) ......................???

Secretary, Department of Family and Community Services (Applicant)
Allanna Smith (First Respondent)

https://www.caselaw.nsw.gov.au/decision/5996755ce4b074a7c6e17e4c

Mystery solved. Two court cases. Ms Smith acted for herself in the first heard by Justice Brereton — which she won.

FaCS appealed Justice Brereton's original decision so the case went to the Supreme Court of NSW and where his decision was upheld. That's where the barrister came in. Also, Ms Smith was awarded costs.
 
Mystery solved. Two court cases. Ms Smith acted for herself in the first heard by Justice Brereton — which she won.

FaCS appealed Justice Brereton's original decision so the case went to the Supreme Court of NSW and where his decision was upheld. That's where the barrister came in. Also, Ms Smith was awarded costs.

Thank you Bo.
Now I get it.
I am a goose.:blushing:
 
Thank you Bo.
Now I get it.
I am a goose.:blushing:

No worries soso. Me too.

Here's the link to the original Supreme Court decision under Justice Brereton:

https://www.caselaw.nsw.gov.au/decision/58853ecfe4b058596cba36a9

'JUDGMENT

HIS HONOUR: The child the subject of these proceedings – whom I shall call Julian – was one of four siblings. Julian was removed from the care of his mother at 7 months’ age because of concerns that he was at risk of harm (associated with domestic violence and drug abuse), and placed with foster carers. Julian’s sister, who is a year older than Julian and whom I shall call Sarah, had been removed from her mother’s care before Julian was born, and the Children’s Court had allocated parental responsibility for her to the Minister; she was later placed with the same carers as Julian, a week after he was. Subsequently, having found that there was no realistic possibility of restoration to their parents, the Children’s Court made final orders allocating parental responsibility for Julian and Sarah to the Minister until they attain 18; their care plans contemplate that they will remain in their placement with their current carers until 18. The other two siblings, who are younger than Julian, remain in their mother’s care, and there are apparently no current child protection concerns in respect of them.

Julian disappeared some years ago; it is not presently known whether he is alive or dead. A police investigation continues. There has been considerable media interest in his disappearance, and Julian’s name and image have been the subject of widespread publicity. However, the fact that Julian was, at the time of the disappearance, in the Minister’s parental responsibility and placed with foster carers has not been the subject of publicity and is not widely known, and the publicity has generally referred to the carers as Julian’s parents.

The carers have recently applied to the Children’s Court for sole parental responsibility for Sarah. In response, the mother has stated that she seeks restoration of Sarah to her care. The father, who is now separated from the mother, is not actively engaged. The proceedings were to be heard from 6 December 2016 over four days; whether that hearing proceeded and if so its outcome is not known to me. However, in those proceedings Sarah has, at the suggestion of her independent legal representative, been referred to by a pseudonym, in order to protect her from being identified as Julian’s sister.

The first defendant Allanna Pearl Smith is an advocate for children's rights and interests. In connection with promoting a coronial inquest into Julian's disappearance, she and her associates wish to publish a petition and online statements, which would include information to the effect that Julian was in foster care, and/or was a “state ward” at the time of his disappearance. [1]

The plaintiff Secretary of the Department of Family & Community Services (FACS) applies for injunctions (1) permanently restraining Ms Smith from further publishing, whether in writing or by internet or any other electronic means, information conveying that Julian has been placed in foster care and/or is under the parental responsibility of the Minister for Family & Community Services and/or is a ward of the state or to similar effect; and (2) commanding her to remove from the Walking Warriors 4 Missing Children Facebook page any posts which convey those matters. Orders to that effect were made ex parte on 2 September 2016 until 7 September 2016, when the summons was first returnable, and on that day they were continued, on an interlocutory basis, until the hearing on 15 November. [2] The Court also ordered that there be no publication which would identify Julian as connected with these proceedings, save to the extent necessary to implement the orders. In the course of the hearing on 15 November, following which judgment was reserved, order (1) was continued until further order.'​
 
No worries soso. Me too.

Here's the link to the original Supreme Court decision under Justice Brereton:

https://www.caselaw.nsw.gov.au/decision/58853ecfe4b058596cba36a9

Thanks, Bohemian. :)

I have just read through the entire judgement, and I truly do not get what all the fuss is about. Why so much time and money was spent on revealing the fact that William is a foster child, when pretty much everyone knew that already.

Does Allanna Pearl Smith have some personal grievance against the foster care system? Was she an abused foster child herself?

It is not as if the police have ignored the fact that William is a foster child. It is not as if police have not arrested, nor safeguarded, abusive foster parents in the past. They will go after a perpetrator of child abuse/neglect/abduction/murder no matter what their disposition.

The police seem to think this debacle is a huge waste of time and money. Me, too.
It doesn't change a thing about William's disappearance, except feed a news-hungry public.

The media evidently did not think that this fact was worth going to bat for, in a court. And they would be the first ones to challenge a FACS ruling, if it would change any darn thing or had any real significance in this case.


First endnote of the judgement .... 1. Although the summons names Walking Warriors 4 Missing Children as second defendant, there is no indication that it is a legal entity.

IMO JMO MOO
 
I would just like to add, that I do not mean to invoke any discord with my above post.

I just find the whole thing pretty pointless. And that is just my opinion.

It is not as if FACS have a ruling that stops police from investigating foster parents for any criminal activity. And it is not as if police themselves think 'Oh, he is a foster child. Better not fully check out the foster parents' alibis and actions for complete investigation in this case'.

We all have heard of a foster parent(s) who have done wrong in the past. And we will again in the future.
Unfortunately, we hear so very little about the many, many wonderful foster parents who take in children late at night, early in the morning, any time, to shelter them from harm ... and continue to do so for years and years.

.
 
Thanks, Bohemian. :)

I have just read through the entire judgement, and I truly do not get what all the fuss is about. Why so much time and money was spent on revealing the fact that William is a foster child, when pretty much everyone knew that already.

Does Allanna Pearl Smith have some personal grievance against the foster care system? Was she an abused foster child herself?

It is not as if the police have ignored the fact that William is a foster child. It is not as if police have not arrested, nor safeguarded, abusive foster parents in the past. They will go after a perpetrator of child abuse/neglect/abduction/murder no matter what their disposition.

The police seem to think this debacle is a huge waste of time and money. Me, too.
It doesn't change a thing about William's disappearance, except feed a news-hungry public.

The media evidently did not think that this fact was worth going to bat for, in a court. And they would be the first ones to challenge a FACS ruling, if it would change any darn thing or had any real significance in this case.


First endnote of the judgement .... 1. Although the summons names Walking Warriors 4 Missing Children as second defendant, there is no indication that it is a legal entity.

IMO JMO MOO

I would just like to add, that I do not mean to invoke any discord with my above post.

I just find the whole thing pretty pointless. And that is just my opinion.

It is not as if FACS have a ruling that stops police from investigating foster parents for any criminal activity. And it is not as if police themselves think 'Oh, he is a foster child. Better not fully check out the foster parents' alibis and actions for complete investigation in this case'.

We all have heard of a foster parent(s) who have done wrong in the past. And we will again in the future.
Unfortunately, we hear so very little about the many, many wonderful foster parents who take in children late at night, early in the morning, any time, to shelter them from harm ... and continue to do so for years and years.

.

After reading through both decisions and MSM articles (past and present), I couldn't agree with you more.

Was this been part of an exercise, however unknowingly, to throw some serious shade on the FP's, FaCS, Strike Force Rosann, the Coroner, and/or certain biological family members, be they paternal or maternal?

Who is the instigator, I wonder?

And why?

Ask yourself those questions.

Who is really 'acting in the best interests of the child(ren)'?

i have a bad feeling in my gut and I wouldn't be surprised if there were other 'covert operations' in progress, other than those being conducted by police. To what end, I don't know.
 
Thanks, Bohemian. :)

I have just read through the entire judgement, and I truly do not get what all the fuss is about. Why so much time and money was spent on revealing the fact that William is a foster child, when pretty much everyone knew that already.

Does Allanna Pearl Smith have some personal grievance against the foster care system? Was she an abused foster child herself?

It is not as if the police have ignored the fact that William is a foster child. It is not as if police have not arrested, nor safeguarded, abusive foster parents in the past. They will go after a perpetrator of child abuse/neglect/abduction/murder no matter what their disposition.

The police seem to think this debacle is a huge waste of time and money. Me, too.
It doesn't change a thing about William's disappearance, except feed a news-hungry public.

The media evidently did not think that this fact was worth going to bat for, in a court. And they would be the first ones to challenge a FACS ruling, if it would change any darn thing or had any real significance in this case.


First endnote of the judgement .... 1. Although the summons names Walking Warriors 4 Missing Children as second defendant, there is no indication that it is a legal entity.

IMO JMO MOO

http://www.9news.com.au/national/20...d-explosive-william-tyrrell-foster-revelation
 
Thanks Bo for finding the original judgement.

So much information. Felt very sad reading the background.

I agree to an extent with your comments South Aussie.

There are many issues around the removal of children from their families, it has become a big issue for a sector of the public who a) have had direct experience with those issues and b) who fund the department who is in charge by way of tax dollars. Many people think it only fair to acknowledge publicly, that those who have taken children from homes, who they deem to have been at high risk, have exposed children to the same level of risk. The judgement shows the department could not forsee realistically the option of restoration to the parents, and made a decision for the next 18 years and yet in the space of a couple of years, the same mother has 2 more children and is not having issues with raising them. Maybe when people receive the right kind of support they can fulfill their potential, problem is it takes more than 6 months to bring about profound changes.

You make good points, about whatever has happened, it would not stop the police from investigating. The fact is though, that those who had responsibility to keep WT safe, FACS and their agents, the carers, *advertiser censored**ed up. And that has not been publicly acknowledged. FACS decided to remove him from his mother with no hope of restoration til he was 18. They lost him. Allow his carers to be publicly acknowledged as his parents. Allow his carers to apply for full custody of her other child, after they lost her brother. Talk about adding insult to injury. Maybe it is just a hunger for natural justice that seems to have been denied for so long that motivates this case and the fact that FACS hides behind "putting the needs of the child 1st." MOO
 
And given this revelation in the original Supreme Court of NSW decision by Justice Brereton*:

'The carers have recently applied to the Children’s Court for sole parental responsibility for Sarah. In response, the mother has stated that she seeks restoration of Sarah to her care. The father, who is now separated from the mother, is not actively engaged. The proceedings were to be heard from 6 December 2016 over four days; whether that hearing proceeded and if so its outcome is not known to me. However, in those proceedings Sarah has, at the suggestion of her independent legal representative, been referred to by a pseudonym, in order to protect her from being identified as Julian’s sister.'

it may be even more important that William's and his sister's foster family are not publicly identified.

* Source:

https://www.caselaw.nsw.gov.au/decision/58853ecfe4b058596cba36a9
 
Perhaps the revelation publicly that WT was a fostered child had more to do with the fact MSM were passing him off as being the FP's biological child which he wasn't. He was a child in state care, and when msm spin it otherwise it makes the whole case look suspicious IMO.
I would love to hear KT's story about her own children and why WT was immediately placed in foster care with that situation expected to be a permanent one?
 
Thanks Bo for finding the original judgement.

So much information. Felt very sad reading the background.

I agree to an extent with your comments South Aussie.

There are many issues around the removal of children from their families, it has become a big issue for a sector of the public who a) have had direct experience with those issues and b) who fund the department who is in charge by way of tax dollars. Many people think it only fair to acknowledge publicly, that those who have taken children from homes, who they deem to have been at high risk, have exposed children to the same level of risk. The judgement shows the department could not forsee realistically the option of restoration to the parents, and made a decision for the next 18 years and yet in the space of a couple of years, the same mother has 2 more children and is not having issues with raising them. Maybe when people receive the right kind of support they can fulfill their potential, problem is it takes more than 6 months to bring about profound changes.

You make good points, about whatever has happened, it would not stop the police from investigating. The fact is though, that those who had responsibility to keep WT safe, FACS and their agents, the carers, *advertiser censored**ed up. And that has not been publicly acknowledged. FACS decided to remove him from his mother with no hope of restoration til he was 18. They lost him. Allow his carers to be publicly acknowledged as his parents. Allow his carers to apply for full custody of her other child.... Maybe it is just a hunger for natural justice that seems to have been denied for so long that motivates this case and the fact that FACS hides behind "putting the needs of the child 1st." MOO

Yeah, bb, I understand your POV. I am simply raising questions that might provoke some discussion. My only concern is for William, his sister and their siblings.
 
Perhaps the revelation publicly that WT was a fostered child had more to do with the fact MSM were passing him off as being the FP's biological child which he wasn't. He was a child in state care, and when msm spin it otherwise it makes the whole case look suspicious IMO.
I would love to hear KT's story about her own children and why WT was immediately placed in foster care with that situation expected to be a permanent one?

Journalists have always maintained that they could not elaborate on William's 'complex family history' for 'legal reasons'. Read into that what you will, in the context of the recent Supreme Court of NSW's decisions and subsequent MSM reports.

I'm sure that there are many members of the public that would like to hear at least one of William's biological parents speak publicly. We could be waiting a very long time — or not as the case may be.
 
Journalists have always maintained that they could not elaborate on William's 'complex family history' for 'legal reasons'. Read into that what you will, in the context of the recent Supreme Court of NSW's decisions and subsequent MSM reports.

I'm sure that there are many members of the public that would like to hear at least one of William's biological parents speak publicly. We could be waiting a very long time — or not as the case may be.

As the bio mother seems to be challenging FACS for the return of William's sister, I doubt that we will hear anything from her.
 
No worries soso. Me too.

Here's the link to the original Supreme Court decision under Justice Brereton:

https://www.caselaw.nsw.gov.au/decision/58853ecfe4b058596cba36a9

'JUDGMENT

HIS HONOUR: The child the subject of these proceedings – whom I shall call Julian – was one of four siblings. Julian was removed from the care of his mother at 7 months’ age because of concerns that he was at risk of harm (associated with domestic violence and drug abuse), and placed with foster carers. Julian’s sister, who is a year older than Julian and whom I shall call Sarah, had been removed from her mother’s care before Julian was born, and the Children’s Court had allocated parental responsibility for her to the Minister; she was later placed with the same carers as Julian, a week after he was. Subsequently, having found that there was no realistic possibility of restoration to their parents, the Children’s Court made final orders allocating parental responsibility for Julian and Sarah to the Minister until they attain 18; their care plans contemplate that they will remain in their placement with their current carers until 18. The other two siblings, who are younger than Julian, remain in their mother’s care, and there are apparently no current child protection concerns in respect of them.

Julian disappeared some years ago; it is not presently known whether he is alive or dead. A police investigation continues. There has been considerable media interest in his disappearance, and Julian’s name and image have been the subject of widespread publicity. However, the fact that Julian was, at the time of the disappearance, in the Minister’s parental responsibility and placed with foster carers has not been the subject of publicity and is not widely known, and the publicity has generally referred to the carers as Julian’s parents.

The carers have recently applied to the Children’s Court for sole parental responsibility for Sarah. In response, the mother has stated that she seeks restoration of Sarah to her care. The father, who is now separated from the mother, is not actively engaged. The proceedings were to be heard from 6 December 2016 over four days; whether that hearing proceeded and if so its outcome is not known to me. However, in those proceedings Sarah has, at the suggestion of her independent legal representative, been referred to by a pseudonym, in order to protect her from being identified as Julian’s sister.

The first defendant Allanna Pearl Smith is an advocate for children's rights and interests. In connection with promoting a coronial inquest into Julian's disappearance, she and her associates wish to publish a petition and online statements, which would include information to the effect that Julian was in foster care, and/or was a “state ward” at the time of his disappearance. [1]

The plaintiff Secretary of the Department of Family & Community Services (FACS) applies for injunctions (1) permanently restraining Ms Smith from further publishing, whether in writing or by internet or any other electronic means, information conveying that Julian has been placed in foster care and/or is under the parental responsibility of the Minister for Family & Community Services and/or is a ward of the state or to similar effect; and (2) commanding her to remove from the Walking Warriors 4 Missing Children Facebook page any posts which convey those matters. Orders to that effect were made ex parte on 2 September 2016 until 7 September 2016, when the summons was first returnable, and on that day they were continued, on an interlocutory basis, until the hearing on 15 November. [2] The Court also ordered that there be no publication which would identify Julian as connected with these proceedings, save to the extent necessary to implement the orders. In the course of the hearing on 15 November, following which judgment was reserved, order (1) was continued until further order.'​

So the sister was removed before William was born.
Coming to the current foster carers a week after William, which would have been Feb/Mar 2012 if William was 7 months.
I wonder if that first placement was with kin?
 
Ah, thank you.
Hope that she is not inadvertently mirroring her own situation on William and his sister, as that does not seem at all to be the case. William looks so happy in all his photos. Not a shadow of any grief or abuse showing in his bright, happy eyes.

Evidently she is not too fond of FACS.

My pleasure SA. That could be one reason and she wouldn't be the first person to advocate for others in what they perceive as circumstances similar to their own.

Who knows why anyone is motivated to act as they do. Or motivated to act. Half the time most of us don't even know our own minds. As they say, only 'The Shadow knows'.
 
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