Statement:

• ‘My experience is that (lawyers and barristers) have explicitly not followed my instructions….that is why the situation of the domestic violence has never been mentioned and the application to submit further evidence…I have the evidence to prove this…There is ongoing criminal investigation against the father by police’ (Kate, mother)

Response:

• ‘If it’s true and not on affidavit, there’s no objective evidence, and enforcement proceedings are not an opportunity to raise new evidence…My job here is to enforce orders…It is too late’ (FCFCOA Judge X)

Statement:

• ‘It’s clear if the court orders….are not representing the true reality….and my daughter and I are at risk by this perpetrator who nobody yet knows about because I have not been able to put it forward’ (Kate, mother)

Response:

• ‘That is not an answer to enforcement proceedings’ (FCFCOA Judge X)

Statement:

• ‘You say there’s a whole stack of evidence out there which would show that this man is unfit to be a parent for your daughter, but none of that evidence is on affidavit‘ (FCFCOA Judge X)

Response:

• ‘Everybody knows how trauma works….impossible to mention everything from the start…in situation of extreme stress, fleeing, get ourselves safe...I truly have the concerns for our safety….it’s not for no reason we had to live in a shelter for almost a year….we are going to be put at risk’ (Kate, mother)

Statement:

• ‘…My job is to enforce orders…’ (FCFCOA Judge X)

Statement:

• ‘I’m trying to tell you we cannot live by ourselves in his proximity’ (Kate, mother)

Response:

• ‘You can go and live in the furthest point in (country abroad where abusive father lives) if that’s what you want to’ (FCFCOA Judge X)

Statement:

• ‘It doesn’t matter…If he can get there by car’ (Kate, mother)

Response:

• ‘Please….(refers away from topic to Australian Central Authority representative) Is there anything you want to say?’ (FCFCOA Judge X)

Statement:

• ‘One final opportunity to say anything. I don’t need you to tell me that there is new evidence…As I understand your position…you say all along you and your daughter were subjected to family violence by the father…that you intended to make an application to induce further evidence of family violence…and you maintain you will be at risk from the father if the return orders are made’ (FCFCOA Judge X)

Response:

• ‘…I can do that (engage in court abroad) from Australia, where we’re safe’ (Kate, mother)

Statement:

• ‘..an order has been made….This is not an opportunity to revisit what you think could, should or would have been done...You have had the opportunity….Nothing has been done….you have been granted indulgences all the time’ (FCFCOA Judge X)

Statement:

• ‘Because I would totally agree with what you’re saying. With having to do these orders if they were based on the facts which are correct and I’ve just pointed out several things which are incorrect and I can point out many’ (Kate, mother)

Response:

• ‘‘You have been saying that. Everybody is wrong…well, unfortunately, no court agrees with you…’ (FCFCOA Judge X)

Statement:

• ‘…so if a perpetrator starts litigation against you based on lies it is very hard to get that correct again and that is the basis of all this if I read through the appeal papers…and I am just astonished by how my story is now being made up…has nothing to do with reality…it is not true’ (Kate, mother)

Response:

• ‘..either you cooperate or there will be very drastic measures taken for your daughter’s return…enforcement proceedings are not a belated opportunity for you to raise issues..’ (FCFCOA Judge X)

Statement:

• ‘It doesn’t matter what I say…’ (Kate, mother)

Response:

• ‘…what you are saying is not relevant’ (FCFCOA Judge X)

Statement:

• ‘I accept the submission of …Australian central authority representative (when Kate has been saying it is incorrect; regarding the supervision contact order the father has, the ACA claims there is no issue and that Kate’s daughter can just be relocated to the father)…‘It is too late to raise these issues in enforcement proceedings’ (When she has just accepted this new faulty evidence & submission by the ACA)’…and the appeal court has not agreed with your points of appeal in fact…you abandoned all of your grounds except one’ (FCFCOA Judge X)

Response:

• ‘I don’t understand. It was not discussed with me, the way …barrister…handled it. If I can’t explain…because I never agreed with the abandonment of these points. I explicitly told him to mention the violence, that it had to be brought up. He did not, and I can show it on text’ (Kate, mother)

Statement:

• ‘No….you should not be discussing that with anybody’ (FCFCOA Judge X)

Response:

• ‘..but how…so I can never…point out what was wrong’ (Kate, mother)

Statement:

• ‘I understand your point. But the sad reality is, the sad reality is that I’m going to make these orders’ (FCFCOA Judge X)

Statement:

• ‘I can’t answer because I haven’t read through….this is so wrong I’m telling you the facts and you’re just talking over me’ (Kate, mother)

Response:

• ‘…well, …the ACA represenative and I will be making the orders…’ (FCFCOA Judge X)

Statement:

• ‘It doesn’t matter what I say…I’m just shocked’ (Kate, mother)

Response:

• ‘..if you don’t comply with the orders..’ (FCFCOA Judge X)

Statement:

• ‘It’s just unbelievable how you’re not willing to listen to me when I raise facts, and you’re willing to take on so-called evidence from ACA representative. Which I’m saying it’s not correct…but doesn’t matter what I say…you just continue (Kate, mother)

Response:

• ‘Ok, even if it’s not correct….This is not an inquiry into your daughter’s best interest…(FCFCOA Judge X)

Statement:

• …Australia has the obligation to provide protection when there’s family violence’ (Kate, mother)

Response:

• ‘….well, I will make orders..’ (FCFCOA judge X)

Statement:

• ‘You mean you’re going to put her in the hands of a perpetrator? …nobody is listening to the reality of the situation. It’s factually wrong. and I’m being muted…I’m not being listened to’ (Kate, mother)

Statement:

• ‘That’s why I’m telling it to you now, if you need an affidavit I will file one with everything factually wrong with the evidence…new court update…police investigations…it is true that the father cannot be in contact with daughter right now…’It is systems abuse and the system is just going along with it….the Attorney general’s website says Australia has to consider family violence (Kate, mother)

Response:

• ‘…you’ve had the opportunity….is not about opening new evidence. (When she has just accepted new submission new evidence of the ACA representative). So I have made the orders. (FCFCOA Judge X)

Statement:

• ‘It’s not safe for both of us, I’m saying’ (Kate, mother)

Response:

• ‘I don’t want to get into that debate…my job is to enforce the orders. So I have made those orders. It’s up to you whether you comply…that’ll be the end of the proceeding and the court will be adjourned’ (FCFCOA Judge X)

Evidence supplied by Kate, mother, to AU police:

• Video footage of Rosie, who suddenly started displaying reenactment sexualised behaviours.(1 month later police traumatically ripped Rosie from Kate’s arms and forced her back into the known abuse)

Response:

• ”This is abnormal behaviour. We will need to investigate this further…This footage shows that your daughter has either experienced and/or seen this type of sexual behaviour’ (AU police family violence officer & specialised officer sex crime unit)

Statement:

• My daughter and I need to be protected. The father (perpetrator) is in AU now (due to FCFCOA court ordered him and allowed him entry into the country). We have an active family violence case against him with AU police. AU police were going to issue us with a protective order as soon as he would be in the country‘ (Kate, mother)

Response:

• ‘Yes, a sergeant will call you soon to issue the protective order’ (AU police family violence officer)
• Call to issue protective order: ‘‘There is no family violence in your case anymore. (Ungrounded statement out of the blue when there has even been more and severely disturbing evidence added to Kate’s & Rosie’s case with the video footage of reenactment behaviours confirmed as having suffered abuse by AU police only weeks before). AU police is not going to protect you any longer’ (AU police sergeant)

Statement:

• ‘Rosie and I are in danger. We need the protection from police now that the father is going to be in the country (AU) due to court ordering him and allowing him entry’ (regardless of the existing family violence case file record and new confirmed evidence of child sexual abuse) (Kate, mother)

• ‘You will probably need to flee and hide from AU police. Be mindful of not using phones, creditcards as we will be able to locate you then’ (Showing there was most likely a pre-determined arrangement to take Rosie from Kate no matter what)(AU police officer specialised sex crime unit)

Statement:

• (Continuing from above call with AU sergeant)’But we already have an active family violence case with AU police for months’ (Kate, mother)

Response:

• ‘Police consider family violence to be ….(continues to name a list of what consists as family violence to police) (AU police sergeant)

Statement:

• ‘Yes all of that is what has been on record on our family violence case file with AU police for months already’ (Kate, mother’

Response:

• ‘Well, you’ll just have to come back in to the police station and make the report again’ (AU police sergeant)

Statement:

• ‘There are many new facts, new evidence that my child is in imminent danger if she is ever put in the hands of this individual…There’s ongoing investigations by police regarding the abuse, including child abuse‘ (Kate, mother)

Response:

• ‘The proceedings have finished. What is happening now is an enforcement‘ (FCFCOA Judge X)

Statement:

• ‘It’s about supplying the new evidence which was never taken into account….There’s no evidence taken into account of an abusive…‘ (interrupted by judge)(Maternal grandfather)

Response:

• ‘You’re not a lawyer. You haven’t applied to talk on her behalf. I’m not going to engage in discussion with you. I’ve made the order (for removal of child into known domestic violence)and I will produce published reasons and the court is now adjourning‘ (Proceeds to quickly shut down the online hearing so nothing further can be said).(FCFCOA Judge X)

Statement:

• ‘And I just don’t see why the protection of a child isn’t the first thing…And I can assure you that once you would see the evidence, that you’ll know I’m telling the truth‘ (Kate, mother)

Response:

• ‘Anything else you want to say?‘…I have heard what you have said‘…Can I just take you back to this affidavit which was filed by …ACA representative‘(FCFCOA Judge X)

Statement:

• ‘And I need to be allowed to put these facts forward…It’s about the safety of my child‘…’And I need to be given the chance to have an equal trial, and that can only be with the help of a lawyer‘ (Kate, mother)

Response:

• ‘Can I just take you back to this affidavit which was filed by …ACA representative‘ (FCFCOA Judge X)

Statement:

• ‘My child is in imminent danger…Violence and the abuse…Grave risk and intolerable situation…Ongoing investigations by police…including child abuse…I don’t see why the protection of a child isn’t the first thing‘ (Kate, mother)

Response:

• ‘Anything else you want to say?‘…I have heard what you have said…Can I just take you back to this affidavit which was filed by …ACA representative‘ (FCFCOA Judge X)

Statement:

• ‘I can provide all the evidence‘ (Kate, mother)

Response:

• ‘There are no outstanding proceedings for you to file any more information…The proceedings have finished‘ (FCFCOA Judge X)

Alleged interview/child assessment questions asked by police officer sex crime unit, to determine risk/harm to Rosie and allegedly investigate regarding her reenactment videos:

• ‘What is your dog’s name?’…’What is your grandma’s name?’ (Police officer sex crime unit)

Response:

• NO response from Rosie. Rosie whispered into Kate’s ear she did not want to speak to him.

Statement:

• This concluded the ‘child interview/assessment’ regarding severe and disturbing evidence of child sexual abuse. The police officer was apparently satisfied that there was no presence of child sexual abuse and that there was no harm or risk for Rosie to be taken to the known perpetrator the father and paternal grandparents.

• From that moment Rosie and Kate were unlawfully detained in the police interview room. AU police then ripped Rosie from Kate in traumatic manner (see link to 60 minutes story ). Rosie was driven off by strangers to be handed to the abusive father who had been allowed entry into Australia and was waiting for Rosie to be delivered to him by AU police and child safety services. Rosie and Kate have never seen each other since. Official reports state Rosie has regressed to the level of a 4-month old baby due to this traumatic removal and forced residence with known abusers. Rosie was 3,5yrs when this happened.