A seven-year-old Indigenous boy has been served with a violence restraining order that was unlawfully issued by a court in Western Australia.
In a video posted on TikTok, a policeman kneels down in front of the young boy, who holds onto his mother’s hand.
Using a torch to light the document, the officer reads the lengthy terms of the VRO to the boy as he looks around.
At one point, the boy’s mother says to the officer: “You ask my son, my seven-year-old son, if he understands what you said?”
The officer replies: “All I have to do is read this out.”
The VRO was issued by the Perth Children’s Court and served to the boy by an officer from the Mirrabooka police station on Friday night.
“During service it was identified that the child was seven years old,” police said in a statement.
“The law is very clear that a VRO cannot be made to a child under 10 years of age.
“After service, WA Police queried the VRO with the court.”
A court spokeswoman said the matter returned to court on Monday afternoon and the VRO, which was issued on October 13, was cancelled.
“The court has checked the hearing of the original application and the representation made to the court was that the children the subject of the applications were in high school,” she said.
An order was also made on Monday for the applicant, who is understood to be a woman, to be served with a cancellation notice.
“While the VRO has now been deemed invalid, the commissioner of police has reviewed the matter and fully supports the officers involved,” police said.
“They conducted themselves professionally and were acting on the court’s direction.”