Noemie
Content Warning: These stories are about violence, abuse, neglect and exploitation and may include references to suicide or self-harming behaviours. They may contain graphic descriptions and strong language and may be distressing. Some narratives may be about First Nations people who have passed away. If you need support, please see Contact & support.
‘The Australian system has severely let me and my family down.’
Noemie is autistic.
About 10 years ago, she moved to Australia with her children and her then husband who was her registered carer.
Sometime later, she became aware that her husband was emotionally, sexually and financially abusing her.
Noemie tried to report the abuse to police but they didn’t believe her.
Her ex-husband immediately started Family Court proceedings.
‘On the same day, my ex-husband cut off all my finances, cleared out the bank account, left me without any money, no means of support and served me with these papers and then phoned the police on me.’
Without access to money, Noemie tried to find a publicly-funded disability lawyer and advocate. She discovered there were no specialist disability lawyers in Australia and only a few advocates.
‘Before I moved over here, I had an immense amount of support. I didn’t have any worries or anything. I could access a disability lawyer, I could access an advocate. The services were absolutely immense.’
In court without a lawyer, Noemie explained to the judge that her husband had contravened the Family Court rules by serving documents on a person with disability without a support person present.
The judge seemed surprised and said, ‘You don’t look as if you have a disability.’
The judge dismissed the complaint and ordered Noemie to leave the family home.
With nowhere to go, she returned home. When her ex-husband discovered she was there he called police.
Noemie was on a skype call with a family member when police arrived. She tried to explain she had a disability but they ignored her.
The family member watched ‘these brutal police officers dragging [her] across the floor’ and throwing her out of her home.
Noemie applied for the Disability Support Pension but wasn’t eligible because her visa had been approved on the basis her husband would support her.
She borrowed some money and engaged a lawyer.
The lawyer told her not to mention her disability because it would go against her and she would lose custody of her children.
Noemie naively didn’t believe the lawyer. In her home country, parents with a disability are valued, respected and supported.
Child protection and human services became involved.
‘To come over here and be told by child protection and human services, “Oh, you’ve got a disability. Oh, well you’re not competent enough to look after your children.” It was a shock.’
Noemie lost access to her children.
She tried to take legal action but discovered the Disability Discrimination Act is routinely disregarded and has no teeth.
‘There has to be consequences for not complying with the Act,’ she says.
Noemie believes Australia is getting better but it still has a long way to go in protecting the human rights of people with disability.
‘I also have faith that my children will eventually come out of the darkness and into the light and we can be reunited.’
Disclaimer: This is the story of a person who shared their personal experience with the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability through a submission or private session. The names in this story are pseudonyms. The person who shared this experience was not a witness and their account is not evidence. They did not take an oath or affirmation before providing the story. Nothing in this story constitutes a finding of the Royal Commission. Any views expressed are those of the person who shared their experience, not of the Royal Commission.