QLD
My mother just served me with an order to return my brother. He’s almost 15, on the spectrum, and ran away as my mother is violent and abusive. I can’t afford a lawyer. I don’t qualify for legal aid as me & my partner “make too much”, and I have limited time - my court case is less than a week away. I wasted the past two weeks trying to apply for legal aid and contacting lawyers only to work out I couldn’t afford them. I have also been calling community law centres however they’re booked out. I need advice on how to represent myself. Please help!
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Speak to a disability advocacy service with your brother. Get connected into some sort of legal help.
https://www.dss.gov.au/our-responsibilities/disability-and-carers/program-services/for-people-with-disability/national-disability-advocacy-program-ndap
I’ve just lodged this-thanks!
Perhaps your brother could apply for an AVO against your mother?
My brother has autism and Asperger’s. He doesn’t want to live with my mother but unfortunately he’s not brave enough to go that far or apply for anything that might hurt her feelings.
For some extra context- In her order she claimed I’m a violent, bipolar alcoholic (untrue) & that he’s incapable of choosing for himself due to his disability.
If she is making these claims, your gp may be able to provide you with a document that refutes the bipolar and alcoholism accusations.
Adding on; if your brother has a regular gp, they may also be able to supply a document supporting his competency.
Could you do something in the short time, that shows that he is in fact capable?
That maybe through living with you in this short time he has found confidence to join a social club, or a gym with you, or something to show that he is part of something with you in hopes they are less likely to break that positive connection and new step.
Flip the narrative and show you are the right move.
Have you got a Blue Card? Step 1.
Did you report to DOCS and the police as previously advised ?
If so you should be able to use their support to assist you in this.
I did-how do I do that? Myself and many others reported my mother to docs
Speak to the case manager that’s been assigned? Get them to help you out.
Sadly you're going to have to or find one who will work pro bono.
I’m trying, but I have no time. I have a week
You don't need a lawyer for yourself, you need one for your brother. As he is still a minor, he should be able to get one for free. Contact Legal Aid.
It’ll be hard to get pro bono assistance in a family law matter, that’s almost impossible.
Are you under 25? You might qualify for a Youth Legal Service with shorter wait times. Or a disability advocacy service? Does your brother have sufficient competency to talk to a legal service about his experience and wishes?
I’m 29, my brother is very smart and capable but unfortunately he’s been isolated for fourteen years and terrified of strangers. My mother pulled him from school when he was in year one-he’s lived alone with her since and hasn’t had much social interaction, I worry this might make him struggle to get his point across as when I ask him how he feels about the situation he just says “bad”
Gosh what a challenging situation, I’m so sorry you’re both going through this. Is your mums also in qld?
Here’s an option- contact child protection services in your state and have them interview your brother. They can then pursue seperate action while you get legal assistance
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Oh you could possibly come within exceptional circumstances for legal assistance for legal aid.
If their is proof or if your brother is willing to talk to a dcj worker, you can both request them to pertition on your behalf to the courts fot temporary emergency custody, if she had a documented violent pased as well as if you are willing to get proof from your dr (id sugest doing that ASAP!!, Like tmorrow if you can) that you have had no history of mental health or alcohol abuse and are not violent, if they arnt willing to write letter, then ask for release of medical information documents so you can sign and give as evedence.
Contact a local Community Legal Centre for free legal help.