Homeless Cairns mum sentenced for contravening orders about her runaway young children in care

The sad circumstances that led a Cairns mum to lose her home, custody of her children, then her freedom have been revealed in Court, where she was sentenced for meeting with her own kids.

The mum of four appeared by videolink from prison and cried throughout her sentence as her lawyer recounted the “devastating downward spiral” of her life.

A Cairns mum who lost her home, two of her children, then her freedom has been encouraged by a Cairns Magistrate to “take every opportunity” on probation after pleading guilty to contravening orders when her young children ran away from their foster carers.

The mother of four, who cannot be named to protect the identity of her children, appeared from prison via video link in Cairns Magistrates Court last week.

The court was told two of the women’s children, aged eight and 10, contacted her by text message because they were “having some issues” with their foster carers and had run away.

They wanted their parents to meet them, the court was told.

The woman boarded a bus after receiving the message, but were intercepted by the police on the way there.

Their foster carer had reported the children as missing.

The woman’s children ran away from their foster carer and asked their biological parents to meet them, the court was told.

Several days later, the children turned up at their parents’ motel, the court was told.

The court was told Child Protection Orders were in place for the children and she breached those orders not to have contact with them.

The woman was crying throughout the sentencing proceedings and has been in custody for more than two-and-a-half months, where she has been working in cleaning and the prison kitchen.

She pleaded guilty to eight offences of unlawful removal of a child from carer, not complying with orders, possessing stolen property, obstructing police, trespassing and unlawful entry, a charge related to seeking shelter from the rain on private property.

Magistrate Jakub Lodziak sentenced the woman to 12 months probation after she pleaded guilty to eight charges including the unlawful removal of a child from care and breaching orders.

The court was told her criminal history was “unremarkable”, consisting mainly of traffic charges and failing to appear in court to answer the charges.

Defence solicitor Madison Thieme described the situation as “emotionally driven offending”.

Ms Thieme said the woman described her upbringing as “rough.”

Her father was in prison during her young life and her mother suffered from mental health issues and was in and out of hospital.

The woman left school at a young age, she told the court.

Ms Thieme said the family lost their housing several years ago, and had been living “between tents, motels and parents’ places” since then.

The family lost their housing in 2019 and had been living between tents, motels and their family’s homes since then, the court was told.

“It was a devastating downward spiral – the Children’s Court order, losing custody of her children, the homelessness – and all of that and landed (her) in custody for the first time.” Ms Thieme said.

She said the woman had been a daily marijuana user and had “dabbled” in ice.

Magistrate Jakub Lodziak acknowledged the woman’s struggles, and the “significant penalty” she has served already of 78 days in custody.

“It must have been a very difficult thing for the parents to deal with but, of course, it is a criminal offence,” Magistrate Lodziak said.

“The department has determined these arrangements are to be in place and, as difficult as that would be for any parent, those orders are there for a reason.”

Magistrate Lodziak said it was up to the woman to make the most of the 12-month probation order, to which he sentenced her.

“The probation is in part to supervise you and make sure you don’t commit further offences but the other part is to assist you as well … those people who do throw themselves into the order, attend each session, attend on reports and are open and honest with their probation officer, (can) really turn their life around.”

Originally published as Homeless Cairns mum sentenced for contravening orders about her runaway young children in care