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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5055
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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My daughter is on drugs and has 4 children, what are my rights

Customer Question

my daughter is on drugs and has 4 children, what are my rights as a grandmother for the children to stay in my care
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.
Hello
You can file an application to the family court and have sole parental responsibility with you and have the children live with you.
OR
Contact DOCs / Human Services in your state and make a complaint to them. They will usually make a recommendation that the children reside with the next of kin, namely a grand parent.
Not to be dismissive, but you in turn need to prove that it is in the best interests of the children to reside with you. Having a home for them, expenses and the like. It is not really a case on how bad your daughter is, more so how good you are.
My suggestion is to make a complaint regardless, if they act, it will be of no cost to you. Family court can take some months.
Please click accept and leave feedback.
Customer: replied 1 year ago.
you didn't really answer my question, I do not want to get DOCS involved at present
Expert:  Daniel replied 1 year ago.
You do have the right to remove the children.
In short.
In respect of the matter however, she can dispute that removal, usually through the court system.
As you cannot automatically take the children and acquire sole parental rights over them, the only way that can be done is by way of a court order or if DOCs get involved.

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