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  1. #11
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    Default Help/ Advice re:: Legal stuff.

    I would def get legal advice. I think it will depend on custody arrangements in place ie if she has full guardianship and custody then the decision can be made by her.
    Also it may be worth you visiting ur DSS to work out how he is going and where he is at. It could be very traumatic for him to have been moved and again if he goes to you. It is likely that he has viewed being left there by his mum as a rejection. It may be worth consulting a child psychologist or child specialist agency just so whatever action you take is done with his mental health at the forefront. Do you know if he has been getting help somewhere for his difficulties?

    Good luck

  2. #12
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    Default Help/ Advice re:: Legal stuff.

    No Sage, no counseling for DSS as far as we know. You have some good points about how he feels about it all etc. he is the youngest of three there and the only boy and is a sensitive soul. I do realise her mother is closer (geographically) and maybe an easier transition for him but I guess we will see what happens tomorrow DH is so hurt and confused.

  3. #13
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    Does she live close geographically to her mother? Will it be easy for her (and his brothers and sisters) to see him all the time if he is there rather than in another state? Can he say at his same school if he lives with his grandmother?

    What needs to be put first at this point is the best needs of the child. So, I would suggest speaking to a child pysch and looking at mediation rather than just legal action. Speak to legal aid, but try going through mediation too.

    School starts in just a few days, and you risk making it harder on him if he starts a school and then gets whisked away.

    Just make sure you are thinking of the child first and not your DH's rights.

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    Nomorelies  (28-01-2013)

  5. #14
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    Default Help/ Advice re:: Legal stuff.

    Very true River song, thank you !!

  6. #15
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    Default Help/ Advice re:: Legal stuff.

    I haven't read through all the pp so not sure if this has alteady been said but if you go to the legal aid website for your state they have an online estimator which can give you an indication as to whether or not you would qualify for assistance.

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    Hokey Pokey  (28-01-2013)

  8. #16
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    Quote Originally Posted by Nomorelies View Post
    No Sage, no counseling for DSS as far as we know. You have some good points about how he feels about it all etc. he is the youngest of three there and the only boy and is a sensitive soul. I do realise her mother is closer (geographically) and maybe an easier transition for him but I guess we will see what happens tomorrow DH is so hurt and confused.
    Good Luck tomorrow

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    Nomorelies  (28-01-2013)

  10. #17
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    Default Help/ Advice re:: Legal stuff.

    Do you have orders in place? Both parents have equal parental responsibility, it's very rare that the courts take this responsibility off one parent- except incases of abuse etc so no, she doesn't have the right to move the son in with her mother against the fathers wishes.
    Go on the legal aid website to see if you qualify, however if you have no court orders you will have to attempt mediation first (google family relationship centres in your state) as you ant just go straight to court unless its an emergency.

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    Nomorelies  (28-01-2013)

  12. #18
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    Default Help/ Advice re:: Legal stuff.

    There are parenting orders in place, a lawyer we saw once told us they are not "final" orders though and can used as a guide. It says the children are to reside with their mother and father can have X access on holidays and phone etc...

  13. #19
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    Default Help/ Advice re:: Legal stuff.

    There is no calculator or means test on the legal aid website for our state.

  14. #20
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    Default Help/ Advice re:: Legal stuff.

    Quote Originally Posted by Nomorelies View Post
    There are parenting orders in place, a lawyer we saw once told us they are not "final" orders though and can used as a guide. It says the children are to reside with their mother and father can have X access on holidays and phone etc...
    So it's a parenting plan, not consent orders. Father still has equal responsibility then and she can't give the child to her mum without dads consent.


 

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