Gabbie and Rusty
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.
Gabbie, late 30s, has a psychosocial disability and vision impairment.
About 10 years ago her husband – the father of her eldest children – died at work.
His children received a compensation payment. Gabbie started taking them to counselling but struggled with her own grief and mental health.
Some time later, Gabbie started another relationship and fell pregnant.
Rusty was born with a rare genetic development disorder. He has intellectual disability, sensitivities similar to autism, cardiovascular and musculoskeletal issues. He lives under palliative care.
Soon after Rusty was born, Gabbie ended the relationship with his father because he was abusive.
She told the Royal Commission that initially they tried to share custody, with limited success.
Rusty had a health flare-up while in his father’s care, and had to go to hospital. His father became very angry, blaming Gabbie for the incident. He started making more and more threats.
Gabbie’s GP suggested she go to police but she didn’t want to escalate the situation.
Shortly after, Rusty’s father commenced proceedings in the Family Court for custody of Rusty.
‘The court system has been used to drain me financially. There has been blatantly false information.’
Gabbie said the Family Court has not considered Rusty’s disability or her situation.
‘That one blanket system does not work for children with high developmental and medical needs.’
Gabbie has not been able to access support or Legal Aid because of the way her husband’s employer structured the compensation payment to his children following his death.
Gabby is also not able to access Centrelink support. She has had to work full-time, while caring for Rusty and her other children, to pay the legal fees.
She also had the financial burden of proving Rusty’s disability to the Family Court.
‘I had to financially pay to inform the court. My opinion and my knowledge was irrelevant.’
The court has required Gabbie to attend two-day hearings, on her own, unrepresented without adequate care for Rusty.
They refused her reasonable short extensions requests to allow her to find care for Rusty.
‘Even though I declared my own disability and my carer roles, the senior register … refused to allow an additional two weeks.’
On several occasions, the Family Court proceeded with matters while Gabbie was caring for Rusty in hospital.
‘Instead of following the health needs of my child in order of priority, I’m required to react and respond to what the court needs at the time, based on whatever allegations the father might be making.’
Gabbie believes the court sees her ‘as a problem’.
‘That leads to the potential for orders to be made for a child that are not based around his needs, but are actually based around my ability to not offend people.’
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.