The leading organization for Aboriginal and Torres Strait Islander children states that two Indigenous children, who have been stuck in the UK without passports or visas since 2020 due to ongoing court proceedings regarding their guardianship, must be promptly returned to their home in Australia.
Catherine Liddle, the head of SNAICC, expressed shock that a government agency would leave at-risk children in a state of uncertainty as “unwanted foreigners” in a foreign land without any ties to their family or culture.
Liddle stated that the presence of these children in the UK highlights the failure of child protection systems for Aboriginal and Torres Strait Islander families. She believes that these children should be back in their home country, surrounded by their family and community, in order to preserve their cultural ties.
This complicated and ongoing situation centers around two Indigenous adolescents, a 14-year-old boy and a 15-year-old girl, who have been under the guardianship of the New South Wales minister for communities and justice since they were taken away from their Wiradjuri mother in 2010.
In December of 2017, Ms M and Mr L, a British couple, took in the children who had previously been living with their maternal aunt, as stated in court.
In June 2019, Mr. L’s visa expired and he went back to England. Ms. M’s visa expired in August of the same year. With the approval of the minister, she and the children traveled to England with the agreement that they would all return by October. However, their flight was cancelled due to the Covid-19 pandemic, resulting in them staying in the UK until now.
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Before the kids left, their mom requested to regain parental rights and have visitation with them. However, in 2022, the NSW children’s court ruled that they could stay with their foster parents in the UK. The court stated that the minister would still be responsible for ensuring the children maintain contact with their Aboriginal families and cultural heritage.
The mother successfully contested the ruling, stating that the court did not have the authority to make decisions regarding children living abroad. The judges agreed with her appeal, noting that it was uncertain how the child’s Aboriginal relatives could maintain contact, as the children were residing in the UK and were anticipated to continue doing so.
Their mother was awarded parental responsibility in December last year. But the children remain in the UK, where the eldest is now in the UK child protection system. Guardian Australia understands the foster carers also wish to relinquish care of the younger child to the UK system.
Senator Kerrynne Liddle, the Coalition’s representative for child protection, expressed concern over the current state of the human services system in all jurisdictions. She urged the federal government to take swift action in resolving this pressing issue.
“The Albanese administration was aware of this matter before Christmas. It should have been a top priority for them and it needs to be addressed,” she stated. “While this is a delicate matter, it is crucial that it be resolved within Australia with proper resources to ensure the best possible outcome for the children in both the immediate and distant future.”
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A spokesperson for the NSW Department of Communities and Justice stated that they are actively working to resolve the issue as efficiently as they can.
The spokesperson stated that we are collaborating closely with the federal government, the UK government, the families of the children, and supporters and advocates.
This scenario is extremely intricate, encompassing both domestic and global regulations and agreements, and most significantly, at-risk children.
A representative from the Attorney-General’s Department stated that the Australian government is collaborating with relevant authorities in both Australia and the United Kingdom to prioritize the welfare of all parties involved, with a particular focus on the well-being of the children.
“The spokesperson stated that the Australian government is unable to provide further comment due to privacy commitments.”
Source: theguardian.com
