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  1. #11
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    No advice but what an awful situation. Doesnt sound like he is any state to be looking after those children and is putting them and himself at risk. All the best *hugs* and sorry for your loss x

  2. #12
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    Following....

    Sorry to hear about the situation. Good luck with everything and yes get legal advice.

  3. #13
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    Make an appointment at your local Family Relationships Centre - http://www.familyrelationships.gov.au

    They have an advice line too

    I hope you can all work something out.

  4. #14
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    Yes you certainly can!
    My cousins ex in laws managed to get 50/50 custody of her child
    Get onto legal aid asap
    Just be aware that it could get costly

  5. #15
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    Thanks so much girls. It's a fine line because if we start going down the legal route he might react badly but I want to be prepared if/when we need to take action.

    Thank you all x

  6. #16
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    Please get some advice. Your local family relationships centre is the best place to start. They will be able to help refer your bil to services he may need to assist him too.

    I would suggest seeing a lawyer. I'm a family lawyer and I often see family members when these situations arise. You may only need to see someone once to get an idea of what to do or where to go.

    Very generally, The family law act looks at what's on the children's best interest. Grandparents are specified as significant persons. They also look at the children's relationships with other significant persons.

    I'm sorry but the pp who said to get a recovery order is incorrect. You cannot get a recovery order. Recovery orders can only be sought if you have an order for a child to live with you.

  7. #17
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    Quote Originally Posted by SummerFun View Post
    Thanks so much girls. It's a fine line because if we start going down the legal route he might react badly but I want to be prepared if/when we need to take action.

    Thank you all x
    If your worried, I can assure you we have to respect your confidentiality. Youe bil never needs to know you have seen a lawyer, but it's best for you to have the knowledge

    Good luck with it all xxx

  8. #18
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    Default Grandparent / Relative Rights to see Children

    Stopping children from moving
    If children move house and the increased distance would greatly affect the time they spend with the other parent or significant person, that person can apply to the court for a court order to:
    stop the children leaving, or
    have the children returned.
    In deciding whether to make an order, the court must consider what is in the best interests of the children. In many circumstances you may need to attempt family dispute resolution before applying to court. You should get legal advice.
    *****That was taken from the Legal Aid Qld website*****

    If all else fails, try a parenting order....

    Legal Information
    Children have the right to communicate and spend time with their parents and other people important to their welfare. Other people may include grandparents, uncles and aunts and other relatives, or unrelated people who are important to the children.
    Parenting orders
    You can apply for a parenting order for a child if you are the child’s parent, grandparent or any other person concerned with their welfare. When the court is making a parenting order the main consideration is the children’s best interests. This includes relationships the children have with other people, including grandparents or other relatives.
    You must participate in family dispute resolution first before applying for a parenting order. There are exceptions to this, for example where there is family violence, child abuse or the risk of these. See Family dispute resolution for information about when exceptions may be made.
    If you apply for a parenting order you may have a meeting with a family consultant to discuss your application before an order is made. This is to discuss the arrangements that you want and to help you understand the effects of the proposed order. See Parenting plans and consent orders for information about family consultants.
    A parent applying for parenting orders can ask the court to include children spending time with their grandparents, other relatives and other important people in their life in the order. The court can also order this.
    If you are not the children’s parent and you want to apply for a parenting order, get legal advice.

  9. #19
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    Quote Originally Posted by SummerFun View Post
    Thanks so much girls. It's a fine line because if we start going down the legal route he might react badly but I want to be prepared if/when we need to take action.

    Thank you all x
    Sorry to hear what is happening, I do know that grandparents can get custody with the new grandparents rights. My parents had to do this for my XSIL. Just a letter from Legal Aid was enough to stop her taking the kids away from the family.

    Good luck hope all works out for you.

  10. #20
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    next time you know theyre left home alone call the police, tell them you have concerns about the childrens safety and that you believe theyre not being properly supervised, ask them to do a welfare check.

    At least then if **** gets ugly his behaviors are documented


 

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