Can children be stop searched?

Yes, children can be stopped and searched by police, but the laws and procedures, especially for invasive searches like strip searches, are strict, often requiring reasonable suspicion, a specific legal basis (like in a school or serious situation), and often the presence of a parent or support person, though practices vary significantly by location and are highly controversial, with many calling for bans on routine strip searches for minors. Laws differ, but generally, police need strong justification, and strip searches on children are considered highly intrusive and harmful, with calls for them to be a last resort or banned entirely.

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What are the privacy laws for children in Australia?

The Privacy Act 1988 protects an individual's personal information regardless of their age. It doesn't specify an age after which an individual can make their own privacy decision. For their consent to be valid, an individual must have capacity to consent.

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What happens if my child doesn't want to see his father?

Your child's father could take you to court & get custody of your son if you refuse him visitation. So, if your husband isn't letting you take your son to see his father, then you better start allowing the child's father to pick up your child, before you lose custody of your son.

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What are the laws around police questioning minors?

From age 10, children can be arrested and interviewed by police or asked to attend a voluntary interview. The law ensures that children must have an 'appropriate adult' present - often a parent, though trained appropriate adults will always encourage children to have a lawyer present as well.

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Can a mother stop you from seeing your kids?

Generally, only legal guardians or those with court-ordered custody can restrict parental contact. A relative without custodial rights typically cannot legally prevent a parent from seeing or communicating with their child. If disputes arise, parents may need to seek court intervention to clarify visitation rights.

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Stop and Search: Frequently Asked Questions

27 related questions found

Can a mum stop a dad from seeing his kids?

No, a mum generally cannot unilaterally stop a dad from seeing his kids; courts prioritize the child's best interests, requiring significant safety risks (like abuse, serious neglect, or substance issues) for restrictions, otherwise, both parents usually have rights, and denying access can lead to court-ordered supervision or enforcement actions if court orders are violated. Without court orders, both parents often share parental responsibility, and stopping contact without a valid safety reason is not allowed. 

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What is the biggest mistake in custody battle?

The biggest mistake in a custody battle is losing sight of the child's best interests by prioritizing parental conflict, anger, or revenge, which courts view very negatively. This often manifests as bad-mouthing the other parent, alienating the child, refusing to cooperate, or involving the child in disputes, all of which signal poor co-parenting and harm the case. 

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Is it illegal to take a photo of a kid?

there are very strict laws around child exploitation which is another story. "But photographs where no-one is compromised in that way, so long as somebody is not physically trespassing, there's very little you can do to stop them taking a photo of them."

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Can police talk to a minor without a parent at school?

Yes, a police officer can speak to your child without your consent when it is suspected they are a victim or perpetrator of a crime. Additionally, schools can actually act as parent in their absence…

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What to do when you can't handle your child anymore?

If you feel unable to look after your child

It's not always easy to admit to yourself or other people when you feel like you can't cope. Support services are there to help you, not judge you. Telling someone what you're going through is the first step to getting support.

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What is the 70 30 rule in parenting?

"70/30 parenting" refers to a child custody arrangement where one parent has the child for about 70% of the time (the primary parent) and the other parent has them for 30% (often weekends and some mid-week time), creating a stable "home base" while allowing the non-primary parent significant, meaningful involvement, but it also requires strong communication and coordination to manage schedules, school events, and disagreements effectively. 

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Can I force my child to see his dad?

Most judges will say parents should never tell a child they don't have to visit. On the other hand, most judges will not expect a parent to physically force an older child to visit the other parent. Most judges will expect the custodial parent to make every effort.

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What is the 7 7 7 rule in parenting?

The 7-7-7 rule of parenting generally refers to dedicating three daily 7-minute periods of focused, undistracted connection with your child (morning, after school, bedtime) to build strong bonds and make them feel seen and valued. A less common interpretation involves three developmental stages (0-7 years of play, 7-14 years of teaching, 14-21 years of advising), while another offers a stress-relief breathing technique (7-second inhale, hold, exhale). 

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Does a father have 50/50 rights?

Yes, courts can and do award shared care arrangements to fathers, provided it is in the best interests of the child and safe to do so. Even in cases where communication between the parents cannot be easily facilitated, parenting apps or handover books can be used as a safe tool for communication between contact.

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What is article 12 rights of the child Australia?

Article 12 of the UN Convention on the Rights of the Child, the right of children to be heard and to have their views given due weight in accordance with their age and maturity in all matters affecting them (and in particular in any judicial or administrative proceedings affecting the child), has been recognised as one ...

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What are the 5 P's of child protection?

The five principles of this legislation are usually referred to as the 5 P's; ☉ Paramountcy of the child; ☉ Parental Responsibility; ☉ Prevention; ☉ Partnership; ☉ Protection. The 'paramountcy principle' states that the child's best interests are the paramount consideration in all decisions affecting the child.

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What if my 16 year old doesn't want to see her father?

If a child refuses to visit the other parent, the custodial parent should encourage the child to spend time with the other parent. When children get older, the court may give the older child more discretion in deciding whether or not to visit the non-custodial parent.

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Can the police force a minor to go home?

If police find you in any place other than your home outside of school hours and you are not being supervised by a responsible person such as your parent/s, guardian or relatives, or there is a risk to your safety, the police CAN remove you and return you to a safe place, such as your home, and they CAN use reasonable ...

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Why shouldn't you put photos of your child on Facebook?

Always accessible, the photographs and videos shared by parents can prevent their children from their ability to develop their own image and identity. They can damage their online reputation (with the risk of cyber-bullying) and have a negative impact in the school setting, or on their personal and professional future.

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Is it illegal to record someone without their permission in Australia?

Section 227A prohibits the visual recording of a person without their consent in a private place or while they are engaged in a private act. Distributing such a recording to others is also prohibited under s 227B.

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Can someone use a picture of my child without my permission?

If your child is under 18 and the intimate image is being shared on a social network or messaging app, the images are illegal and all service providers must remove the content as soon as possible.

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What is the 9 minute rule in parenting?

The "9-minute rule" in parenting, or the 9-Minute Theory, suggests that focusing on three specific 3-minute windows each day creates significant connection and security for children: the first three minutes after they wake up, the three minutes after they return from school/daycare, and the last three minutes before sleep, emphasizing distraction-free, quality time to boost well-being and reduce parental guilt. 

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What are the three C's of divorce?

The 3 C's of divorce are typically Communication, Compromise, and Cooperation, principles that help divorcing couples, especially those with children, navigate the process more smoothly by focusing on respectful dialogue, finding middle grounds, and working together for the children's well-being. Applying these fosters less conflict and better outcomes, prioritizing the children's welfare over past grievances.
 

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What money can't be touched in a divorce?

The most common examples are gifted and inherited assets. Money or property given to one spouse as a gift, or received through an inheritance, is generally considered separate property and cannot be touched in a divorce, as long as it has been kept separate.

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How do you prove the other parent is manipulative?

Lawyers look for clues like a child's language or sudden changes in how they talk about a parent. Experts might also explain how the child is feeling. Proof of bribes or threats is vital. Lawyers aim to show manipulation in court cases involving families.

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