I have had custody of my G'daughter since she was 3 weeks old and she is now 7 years old.She has ADHD and other problems.I will not sign the Consent Orders the mother and Independant Childs Lawer want me to sign as I feel this would place the child at risk.I have been told by the ICL if I dont sign Legalaid will make me pay all his costs.I cant afford to do this as I am a Widow and on an aged pension. I would have to sell my house and I wouldnt beable to buy another one.
I have tried Community Legal and Carers Australia also Womans Legal Service
I cant afford to do this as I am a Widow and on an aged pension. I would have to sell my house and I wouldnt beable to buy another one. It is pretty rare that Legal Aid seeks to enforce their costs against a child's guardian, so this might very well be an empty threat. However, if they go through with it, a judge might find your position to be unreasonable, and if that happens, a judge might grant the costs request.So you need to ask yourself, what evidence is there against the mother in the past few years which makes you genuinely think she would be a threat to the child? If there is none, and this is just a personal dispute, then you should probably consent to the mother have some limited contact for a year or two to see how that goes.Should you have any other questions, please let me know. If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).