Ziggy and Elly
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.
Ellyn has physical disability. Her son Ziggy has intellectual disability.
‘He is a quietly spoken young man who thinks clearly before talking, and is a little slower,’ she told the Royal Commission.
A few years ago, Ziggy started having an intimate relationship with a woman who has intellectual disability.
The relationship progressed and she moved in with Ziggy and his parents. Ellyn and Ziggy’s father provided support.
Sometime later, Ziggy’s partner became pregnant.
Ellyn felt confident they would be able to parent with appropriate support.
Immediately after Ziggy’s baby was born, child protection became involved.
Some weeks later, they removed the baby, placing him into foster care.
‘It was evident that because of the mild intellectual disability of my son, he has been labelled as unable to care for his son or act as a parent.’
Ellyn says child protection dismissed the support she was providing and didn’t offer additional support or parenting programs.
‘This made it difficult [for Ziggy] to actively participate as a parent in his son’s life.’
Ziggy’s relationship broke down and he and his partner separated.
‘Access to his son has been at times hard, and he has now had to deal within the family court system.’
Ziggy wasn’t able to get funding for a legal aid lawyer because he had difficulty navigating the process.
Ellyn found a private lawyer and has paid some of the legal fees, but money is limited.
At one stage, the court offered to pay for an advocate. Ziggy declined because he didn’t understand what an advocate did.
A court-appointed child impact professional interviewed Ziggy without an advocate or a support person present.
The professional was swayed against Ziggy having more parental responsibility because of his disability.
‘She didn’t take into account that I am in substantial attendance for access and also work through any decisions with my son,’ said Ellyn
The next step is to take the matter to court, but neither Ziggy or Ellyn can afford the legal fees.
Ellyn believes there needs to be more support for parents with disability going through child access and custody processes.
Ziggy’s son is currently living with a maternal kinship carer. He rarely sees his dad or grandmother.
‘I hope that one day disabled parents are not seen as unable to be a parent. They may have some areas they need support, but can be a parent with supports in place.
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.