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  1. #1
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    Default Temporary custody

    DP has sole parental responsibility of his son.
    The BM of this child has no contact with him (including no phone contact in the past few months), is heavily involved in drugs and is an unfit parent (as deemed by the courts).

    DP (as per my previous posts) is facing criminal charges for a crime commited a few years ago. In a few months, sentencing will be handed down. Chances are DP will not do any prison time, BUT there is always a chance, and we want to be prepared in case that does happen. If DP is incarcerated, DP has asked me to have DSS for whatever his sentence is. I've agreed, BUT i want to know if theres a way to provide me with temporary custody?

    Is it possible to be awarded temporary custody for the period that DP is in custody (Max of 3 months ish)?

    I will need to be able to deal with DSS's medical needs should anything happen, be able to sign him in and out of daycare, preferably have access to family tax benifits to afford to pay his day care etc.


    Any info would be muchly appreciated

  2. #2
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    I am not 100% sure. I think the best person to ask is either your DPs solicitor/lawyer or call a family law lawyer for confirmation of what happens in this sort of situation. Even legal aid or a community legal centre should be able to help you.

  3. #3
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    You can try calling centrelink they would probably know if you can get the help from them and then how to do that.

  4. #4
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    I agree with getting some legal advice. Im sure there would be some sort of orders that could be done so that the child gets to stay with you. Is there any chance that his mother may want to take him?

  5. #5
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    If the current arrangement is already court ordered, perhaps all you have to do is have it revisited and tweaked to include you? I dont know if this is possible but it would be heaps better then having to start from the beginning again. Especially with all the stress you are going through already.

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    InNeedOfWisdom  (12-02-2013)

  7. #6
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    Default Temporary custody

    Quote Originally Posted by InNeedOfWisdom View Post
    DP has sole parental responsibility of his son.
    The BM of this child has no contact with him (including no phone contact in the past few months), is heavily involved in drugs and is an unfit parent (as deemed by the courts).

    DP (as per my previous posts) is facing criminal charges for a crime commited a few years ago. In a few months, sentencing will be handed down. Chances are DP will not do any prison time, BUT there is always a chance, and we want to be prepared in case that does happen. If DP is incarcerated, DP has asked me to have DSS for whatever his sentence is. I've agreed, BUT i want to know if theres a way to provide me with temporary custody?

    Is it possible to be awarded temporary custody for the period that DP is in custody (Max of 3 months ish)?

    I will need to be able to deal with DSS's medical needs should anything happen, be able to sign him in and out of daycare, preferably have access to family tax benifits to afford to pay his day care etc.


    Any info would be muchly appreciated
    For medical, you can have your DSS added to your Medicare card with no worries at all your DP just needs to sign a form from Medicare, and to get centrelink benefits you just need to see them and become a "blended" family.
    Day care, my name was just put down on their form and that was it, once they knew who I was there was no problems at all

  8. #7
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    Thanks guys. My name is now on DSS's daycare list as person who can pick up/drop off, so thats sorted. I'll get DP to get onto medicare, and also bring it up with his solicitor in regards to amending the orders. Hopefully that will all be easier then im dreading!!

    It may not even happen, and its a few months away yet, but i need to be prepared for my own peace of mind.

    BM hasn't been in contact with DP or DSS, but she did call the police saying DSS wasnt being cared for as DP was in prison. So the police turned up to check on DSS and realised BM has no idea what she's talking about!!! Its so frustrating, why not call DP instead? Shes heavily involved in drugs and i doubt she'd be in a fit state to plan an interstate trip to pick up DSS or be able to care for him, so no, she wont be caring for him if DP is in custody.

  9. #8
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    Just letting you all know that we have an appointment on friday with the solicitor to discuss the legalities of this situation regarding DSS

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    Lovemyfam  (12-02-2013)

  11. #9
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    Default Temporary custody

    How did you go on Friday OP?

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    Chillies  (16-02-2013)

  13. #10
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    Really really well, thank you for asking

    Solicitor said that as DP has sole parental responsibility, it is up to him who DSS is with at any time.

    As BM has no rights or access, even if she were to turn up here while (if!) DP is in custody, I can call the police and have her taken on tresspass, and all i'd need to do is present the police the court orders and they'll be pacified.

    BM cannot do anything. Im so relieved, i was worried DSS would be ripped from his routine, kindy, the place he feels safe. But now its set that he will stay with me IF DP is taken to prison.

  14. The Following 3 Users Say Thank You to InNeedOfWisdom For This Useful Post:

    bpac  (19-02-2013),Lovemyfam  (25-02-2013),sweetseven  (19-02-2013)


 

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