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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42658
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Brief background have disabled non verbal step daughter with

Customer Question

Brief background have disabled non verbal step daughter with brain damage from epilespy seizures etc mother has aspergers and possible personality issues can see when kids are sick etc have been to court judgement was that although mother obviously has some mental illness to protect the children from being harmed by mother again we will rotate the change over every 4 days for the younger diasabled one and 5 nights out of 14 for the elder child which by the way has suspect same issues as mother. Verdict handed down in 2012 now three years later younger child has been going down hill near loosing her on several occasions she comes to us dehydrated and zonked out , we build her up engaging with her and have her back on her feet give her back to her mother then four days later we start it again the child keeps losing weight we get the weight back on her then next week she back to square one - whilst th elder one has just turn 12 doesn't like her mum is scared of her mother and if she confines her mother all hell breaks loose etc have looked at getting eldest child diagnosed . We contacted child protection re both girls as they were involved with the youngest when the mother almost killed her through malnutrition and dehydration mother went to the phys ward while child was in intensive care . Child protection on this occasion said they couldn't assist and to go back to the courts . Last time we were at the courts it cost over 150k. I have heard of lodging an merge cry enforcement action as I have also heard that if we keep giving the girls back into harms way then we are responsible of being neglect if we keep the girls we will have the police on our door step. Can you please advise next step regards jass
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

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.

What is your relationship to the children?

Customer: replied 1 year ago.
step parent have been since nov 2009,
Expert:  Leon replied 1 year ago.

Good Afternoon

Are you prepared to take the girls and have custody?

Customer: replied 1 year ago.
We tried that in the initial settlement . The best outcome for both girls is to reside with us full time and have visits with their mum possibly under supervision? Etc
Expert:  Leon replied 1 year ago.

Good Morning

Was this through the family court?

If not then you have to go through the following process

You should contact your closest family relationship centre. This is a free service provided by the Federal Government. Their website is

http://www.familyrelationships.gov.au

You can find your closest one on there.

The web-site also have alot of useful information and links to assist you.

Before going to court you must obtain a certificate from a family dispute resolution practitioner. You get this through the free service provided at the family relationship centres.

If you need to go to court then you will need to file an application in the Family Court or the Federal Circuit Court

http://www.familycourt.gov.au and http://www.federalcircuitcourt.gov.au

This is the only way and all you have to show is you have in interests in he childs welfare.

Customer: replied 1 year ago.
We have. Already. Been through the family court system. It is complex and not an easy case. We are trying to save these girls lives. I'm not saying. This lightly there are serious issues here. Can you please advise the next process
Expert:  Leon replied 1 year ago.

If Childrens services are not getting involved and you have evidence that they are in danger I suggest you now take the matter to the minister and get them involved.

Also go to the opposition.

If that fails then the media is your only other hope.

Expert:  Leon replied 1 year ago.

Good Morning

I hope it all went well. If there is nothing else

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