A magistrate returned a boy into his father's abusive care a little more than a year before the man murdered him, having been handed a "persuasive" letter in support of the man, an inquest has heard.
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The mother of nine-year-old Bradyn Dillon was also kept in the dark about the withdrawal of a protection order, which was intended to protect Bradyn from harm and keep him in authorities' care.
A coronial inquest into the death of Bradyn Dillon resumed this week. The Canberra boy's last months were marked by beatings at the hands of his father Graham Dillon, before he killed him with a final beating and blow to the head in February 2016.
Graham Dillon is serving more than 36 years in jail for the murder.
The ACT Coroner's Court on Friday heard Victorian authorities withdrew a protection application they put in place in December 2014.
The authorities withdrew the application because Bradyn was no longer in Victoria's jurisdiction, after a magistrate in November 2014 ordered he be taken out of his mother's care.
Bradyn's mother had asked for the protection application proceedings to be adjourned, and was not privy to them when the application was withdrawn.
Her lawyer sent her a letter relaying the decision to the wrong home address; it was returned to sender, but he admitted it was likely neither he nor his colleagues - who had Bradyn's mother's phone number - made more attempts to contact her.
The lawyer told the court it was up to his clients to give him the right address. "I'm not really obliged to go chasing those," he said.
The court heard on Thursday the magistrate made the decision to return Bradyn to Dillon's interim custody after being handed what Bradyn's mother's former lawyer described as a "very persuasive" letter from a community organisation.
The letter said the organisation had liaised with child and protection services, and given Dillon the "all clear" on two occasions.
"That's mighty powerful [material]," the lawyer said.
"That letter carried significant weight and certainly influenced the magistrate."
In deciding Bradyn should be returned to live with his father, the lawyer said a magistrate found Bradyn's mother had acted "unilaterally" and he "would not reward bad behaviour".
The court previously heard Bradyn's mother drugged his abusive father, before taking the boy to Victoria in an attempt to rescue him from further violence.
The Victorian magistrate also could have been aware Bradyn's mother missed a court hearing in the ACT, the day after she left for Victoria.
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The court on Friday heard after the magistrate ordered Bradyn be returned to his father, the boy told authorities he would beat and throw him.
Bradyn's mother's former lawyer wasn't told about the disclosures. He told the court if had been, the matter could have been re-listed and a new decision made - although, that was unlikely to have happened on the same day, when Dillon later picked up Bradyn.
"[I'm not sure] what weight the magistrate would have put on the disclosures of a [then] eight-year-old", the lawyer told the court on Thursday.
The lawyer said it was common for parents to argue it was in their children's best interests to reside with them, and not the other parent involved in a custody dispute.
The inquest continues.
Cassandra Morgan
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
