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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42668
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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We are grandparents trying to gain custody of our great

Customer Question

We are grandparents trying to gain custody of our great grandson before he is entered into the adoption system he is seven months old and has been abandoned by his mother because she is unstable in her mind , is relatvly homeless , hasin the past had a
drug problem (which she is withdrawing for and has been clean for two months) but is facing a lot of court cases relating to theft. She has been told that she cannot have access to either of her two children due to these problems so she has refused to sign
any paperwork concerning the latest baby . Therefore DHS have now taken it to the Family Court for a decision on the future of this little baby . My wife and myself have offered to take custody of the baby ever since he was born but they have said we are too
old for a long term arranagment . We wish to open up channels of communication with the Family Court to reverse this attitude to us we are good citizens with a sence of social justice and feel we are being judged in an ageist attitude can you point us in the
right direction.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon,

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

Are the parents willing to give you residency? Do you wish to raise the child as your own?

Customer: replied 1 year ago.
Not at this stage
Expert:  Leon replied 1 year ago.

Good Afternoon,

If you do not wish to be granted residency to raise the child what are you looking for?

Customer: replied 1 year ago.
the parents have problems and are unable or unwilling to sign the necessary forms and the case is due to go to the family court on the 25thAug for the child to be put up for adoption. My Grand daughter who is the mother has stated that she does not want her family to intervene .We totally disagree with this as we feel she is in need of Phscyiattric (I know this is the wrong spelling and apologize ) she has had some very big and truaumatic incidents in her life and in the condition she is in is unable to make decisions at this time we do not want our baby to go to somebody outside of the family and my wife and myself are willing to look after this baby
Expert:  Leon replied 1 year ago.

Good Evening,

If the child is to be put up for adoption then you all lose access.

The family court should seek a family report before making a decision. If the other extended family do not get involved the court will assume you do not care and if the adoption is decided to be the best option you will all lose access to the child.

If you wish to be involved and oppose the parents application you have to make your application and seek orders where the child is not placed for adoption. This is your only option.

I hope this makes sense and is of assistance If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 1 year ago.
I have written a letter to the judge and will be sending references from family and friends as well |
how do I make sure that the Judge see's these documents ?
Many thanks for your assistance so far and it has given me more confidence that I am on the right track
Expert:  Leon replied 1 year ago.

Good Afternoon,

The judge will not pay any attention to them unless they are part of a parties evidence. They will not give them any weight.

If a party in the application is prepared to make them part of their evidence then the court will read them and give them some weight.

Good luck and all the best.

You are very welcome and thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Customer: replied 1 year ago.
What do you mean by a parties evidence ? Can I apply to be a party or will DHS possibly present this petition . Unfortunatly we cannot afford to get legal advice any other way at this time.
Allan Emery
Expert:  Leon replied 1 year ago.

In a court case there are parties, the people that are going before the court.

The court only looks at what evidence they put to the court in the form of an affidavit.

You can apply to be joined to the proceedings as a third party.

Customer: replied 1 year ago.
Thank you so much i will make inquiries as to how i can be involved in the process we already have seven members of our family willing to be in attendance to show support and they are all prepared to speak in court on our behalf once again thank you for your help
Allan & Ruth Emery
Expert:  Leon replied 1 year ago.

Good Afternoon,

All the best and good luck

You are very welcome and thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

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