Kids in Care

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Nan's house
- outside

A Rabbitoh's flag flies on the veranda of Nan's place.

Inside nan's house kitchen

We see a clock on the wall which says 4pm. We see 14 year old Ryan turning around from looking at the clock to do his homework- sitting at the kitchen table with books spread out. Ryan wears a Rabbitoh's jersey. We hear his voice:

Ryan (voice over):

Four till five is homework, every day except Thursday. Thursday's footy practice. So homework is like six thirty to seven thirty after dinner. No excuses.

His sister Tracy joins him. She is 9 years old. She dumps her school things all over the table and Ryan moves them over to her side of the table. She starts doing homework as Ryan talks.

Ryan (to camera):

Hi. My name's Ryan. Me and my sister are staying here with my Nan. They said we had to stay here because of problems at home. They said it wasn't safe there.

Tracy:

(Tracy interjects.) Who's "they", Ryan? Tell 'em.

Ryan:

Yeah. Community Services.

A mobile phone rings. Ryan calls out to Nan.

Ryan:

Nan!

Nan arrives and answers the phone.

Nan:

Yeah- I've got it- Hello

Nan talks on the phone (to the lawyer from Legal Aid). We hear Ryan's voice.

Ryan (voice over):

I don't mind staying here. It's supposed to be temporary, until things are worked out at the Children's Court. So, we don't know what's going to happen. That's the hardest thing. Not knowing anything.

Nan interrupts Ryan

Nan:

Ryan. It's Legal Aid and they want to talk to you about what's happening at the court. Can you go after school tomorrow?

Ryan:

I got footy practice.

Nan explains this to the caller.

Nan:

Na. He's got footy practice.. Yes..Friday at 4..I'll bring him in.. Thank you—bye.

Nan hangs up and talks to Ryan.

Nan:

It was the fella from Legal Aid. He's going to be your lawyer at the Children's Court. And you and I can go and meet him after school on Friday- OK?

Ryan nods and Nan leaves the room. Ryan talks to camera.

Ryan (to camera):

Anyhow, there's a heap of stuff I'd like to ask about. Like how long we'll be living here?

Tracy:

(Interjecting) And can we still see mum?

Ryan:

Yeah. And like, will I have to go to the court? Coz I don't know what to say.

Children's court

Shot of the outside of the Children's Court Parramatta Sydney. This is followed by a scene inside the Children's Court at the beginning of a care and protection case. There are 5 lawyers sitting at a long table in front of the magistrate. They then stand up and bow to the magistrate sit down. Ryan's mum is sitting behind her lawyer. As the narrator speaks the case progresses

Narrator voice over:

This is what the Children's Court looks like. It's where Community Services go with their lawyer if they decide it's not safe for you to live at home.

This is Ryan's lawyer. He could be your lawyer too. He works for Legal Aid. It's his job to talk up for Ryan in the Children's Court.

As the narrator is speaking there is a close up shot of Ryan's lawyer at the bench and then a shot of him speaking to the magistrate sitting at the bench while 3 other lawyers are listening. There is a close up of the magistrate, listening to the lawyer. Mum's lawyer is turning around and talking to mum and there is a shot of the lawyer from community services. As the narrator continue Ryan's lawyer is talking to the magistrate while the 3 others lawyers are listening.

Narrator voice over:

That fella up there. He's the magistrate. He decides who's going to look after ya.

He listens to everyone in court: to all the lawyers- the ones for your mum, dad and Community Services.

You and all your brothers and sistas have lawyers too. They will talk up for you- not for your mum or your dad, not even Community Services. They only work for you.

Ryan's lawyer:

Your Honour I'd like to request and adjournment so I can talk to Ryan and find out what his instructions are:

Inside nan's house

Ryan is doing his homework at the kitchen table. The words "Care Plan" appear at the bottom of the screen. As the narrator speaks the first scenes at Nan's house are replayed in the background; with Ryan's sister Tracy joining him at the table; Nan answering the phone and then talking to Ryan.

Narrator (voice over):

The law says there has to be a care plan. The care plan is paperwork from the court about who's going to look after you, and how they are going to look after you. It lasts until you're 18.

If you're an Aboriginal kid, there are certain rules about who and how someone should look after you. Ryan's mum is Aboriginal. Community Services will talk to his Nan, his extended family members and other Aboriginal people in the community about who is the best person to look after him.

There is a cultural plan too. That talks about you kids keeping in touch with your culture and community. You kids get a say in those plans, and listening to what you want is one of the things your lawyer has to do for you.

As the narrator speaks the words "Cultural Plan" appears on the screen.

Legal Aid office reception area

Ryan and his Nan are sitting in the waiting room. Ryan looks around; fidgeting and distracted.

Narrator voice over:

First thing- you've got to go see your lawyer.

Ryan (voice over):

My first time, I was a bit nervous about meeting my lawyer. I didn't know what he was going to ask me. And I was worried I might say the wrong thing.

The lawyer arrives to meet them:

Lawyer:

Good morning Mrs Green … John- nice to meet you (shakes hands and turns to Ryan). And Ryan;; (shakes hands with Ryan) How are you?

Ryan gives Nan his bag and goes with the lawyer to his office. Nan waits in reception.

Ryan (voice over):

But it wasn't like that. The lawyer was really nice. He explained how we'd work together. And I wouldn't have to go to the court either.

Lawyer's office

Ryan and his lawyer are in the lawyer's office. They are both sitting down at the end of the desk opposite each other- quite relaxed.

Lawyer:

You can take a seat there Ryan if you like. I guess the first thing to say is that today to start with is just a casual chat. Its not about me asking you a thousand different questions. In fact if anything it's an opportunity for you to ask me any questions that you might have up front. Is there anything you want to know?

Ryan:

Do I have to go to court?

Lawyer:

No. You don't have to go to court. It's my job is to present your views in the court. And I can tell you what's happening in the court and explain how the law works.

So it helps me to understand how you feel about things. And what your concerns might be. Does that make sense?

Ryan:

Yeah.

Lawyer:

So tell me how things are going. At your Nan's...

Ryan:

Yeah okay. I like living with her. But I'd like to see mum sometimes. And my little sister, Tracy. I'm worried about her, coz she wants to go home and live with Mum.

Lawyer:

Well, it's not really her choice, she is only 9. Her lawyer will help work out what's best for her. And, Tracy's dad is not Aboriginal so there are different rules. The court may look at a carer who isn't Aboriginal.

Ryan:

Tracy gets a lawyer too?

Lawyer:

Yes. The court gives all children a lawyer because it's important to know what they think. But don't worry, the court will work very hard to keep you and Tracy living together.

Ryan:

And the Magistrate really listens?

Lawyer:

Sure. But with young kids like Tracy, their lawyer helps work out what is best for them. But you're fourteen now. You've a pretty good idea of what you want. So you can tell me directly – and I'll argue for you in court.

Children's court

Ryan's Legal Aid lawyer is addressing the court.

Lawyer:

Your Honour in the conversations I've had with Ryan he's made it very clear that he'd like to continue playing with his current football team. He has strong friendships there and it is important to him.

Magistrate:

I can understand that. (Addresses the Community Services lawyer) Mr Lancet, can you make sure that's reflected in the care plan please?

Mr Lancet:

Yes Your Honour.

Lawyer's office

Ryan is talking to his lawyer.

Ryan:

So you're saying the court will do what I want. Right?

Lawyer:

It doesn't work like that. It's the court's job is to decide on a plan that's best for you. So if you told me you wanted to drop out of school for example that would be something I couldn't ask for, because the law says that you have to go to school.

Ryan:

No, I wouldn't want that. (Ryan thinks about this.) .. See, I still wanna see mum, but I don't wanna live with her.

Lawyer:

Okay. I can tell the court that's you want.

Ryan:

But I'm worried that she'll get upset if you say I want to stay with Nan now. So what would you say in the court?

Lawyer:

I see. That's a good question. I'd probably get some evidence like a school report, and I might say something like: 'Ryan has settled in nicely with his Nan and his school principal says his grades have improved a lot.'

Lawyer's office

The lawyer doing office work. He is talking on the phone, making notes and opening mail.

Narrator voice over:

Your lawyer does a whole lot of work that you don't see, but he'll tell you what he has been doing. He needs to talk to people that know you. He looks at paperwork about you and your whole family.

Court scene

Four lawyers are sitting in front of the magistrate; Ryan's lawyer talking to the magistrate...

Narrator voice over:

Then, when he goes to talk to the court about what you want, he can back it up with evidence that shows it's a good idea.

Sometimes the court takes ages to get things sorted, 'cause everyone's trying to find a plan that's best for you, and your brothers and your sisters.

Lawyer's office

Ryan and the lawyer are talking in the lawyer's office.

Narrator voice over:

With Aboriginal kids the court will be looking to keep you within your family and community. So the lawyers might ask you about your aunties, uncles, cuz's and fellas you get on with, or don't get on with.

Ryan:

So can we still see mum?

Lawyer:

Yeah, I don't see why not. Every kid's situation is different but in your case I can talk to Community Services and see if I can work something out. OK?

Ryan:

OK. (Smiles)

Dissolve to scene in a park: Ryan in his Rabbitoh's jersey, his sister and a case worker are walking to meet their mother. She is sitting on a bench waiting for them. Ryan and Tracey greet her and sit either side of her and hug her. Ryan bounces his football a few times as they talk. They have their arms around each other and Ryan kisses her on the cheek. Ryan and Tracy then play football while mum watches.

Ryan (voice over):

It took a while, the whole court thing. Nan says nearly a year... But they did sort things out.

Children's Court outside

Dissolving to a scene inside the court. Final hearing. Magistrate is handing down court orders. The five lawyers are all present and mum as well.

Ryan (voice over):

My lawyer went to the court to find out what the plan was. He said he'd visit me afterwards and we could talk through what was going to happen.

Outside nan's house, then in nan's house kitchen

Nan brings a cup of tea to the lawyer, who is explaining things to Ryan. She sits next to Ryan and drinks her tea. Ryan is wearing his Rabbitoh's jersey. Tracy brings over a plate of biscuits and sits down as well.

Lawyer:

So basically what this point means that that you get to stay at the same school. Even though you will be living here- we'll make sure you are going to be with the footy team as well. Do you understand all that?

Ryan:

Yeah. I'm happy living here. And I know my sister's going to be okay.

---END---

END NOTES:

This story and the characters in it are made up and not based on any actual people or their situation.

For more information about this video visit www.bestforkids.org.au

The information in this video is a general guide to the law. It should not be relied on as legal advice and it is recommended you talk to a lawyer about your particular situation. At the time of production, the information shown is correct but may be subject to change.

If you need legal help or referral contact: LawAccess NSW on 1300 888 529 or www.lawaccess.nsw.gov.au.

Copyright Legal Aid NSW 2014.

Produced by eegenda.

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