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
+ Reply to Thread
Results 11 to 20 of 29
26-03-2015 16:50 #11
26-03-2015 17:49 #12
Sorry to hear about the situation. Good luck with everything and yes get legal advice.
26-03-2015 18:05 #13Senior Member
- Join Date
- Feb 2009
- Gold Coast
26-03-2015 18:46 #14
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
26-03-2015 20:31 #15
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
26-03-2015 20:32 #16
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.
26-03-2015 20:34 #17
26-03-2015 20:39 #18
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....
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.
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.
26-03-2015 20:42 #19-
- Join Date
- Mar 2015
Good luck hope all works out for you.
26-03-2015 21:16 #20Senior Member
- Join Date
- Oct 2014
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
By VicPark in forum General ChatReplies: 34Last Post: 30-09-2014, 13:46
By aprilhaarer in forum Issues with Family MembersReplies: 40Last Post: 20-09-2014, 19:58
By VicPark in forum Colic Reflux WindReplies: 22Last Post: 21-04-2014, 06:33
SoftmatsSoftmats specialises in safe, non-toxic, and durable play mats. The international Premium Dwinguler™ Play Mats and ...
LATESTToilet training: when is the best time to start?Why it is OK for your child to be differentWhat is a blessing way? How is it different to a baby shower?
POPULARWhen can I start giving chores to my children?New baby nursery checklist – a guide to newborn essentialsWhat to pack for labour and hospital – a checklist
FORUMS - chatting now ...
High Natural Killer Cells #9Reproductive Immunology
feeling annoyed/angry towards othersPostnatal & General Women's Health Chat
Business idea in the making your thoughts.Setting up & succeeding
Got caught up with a toxic female co workerFamily & Friends
Cyclone Debbie Support thread.General Chat
IVF babies due Sep/Oct/Nov 2017pregnancy and babies through IVF
Donor eggs... too hard to find?Egg Donation
World Egg BankEgg Donation