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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7402
Experience:  Experienced Family Law Attorney
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My 13 y/o twin granddaughters are part of a custody battle

Customer Question

my 13 y/o twin granddaughters are part of a custody battle ...with a trial set down for July ...they wish to live with their mother...they will be 14 in March...the court has previously heard that the girls are living with their fathers addiction to porn ..but dismissed it out of hand as the father denied it ...girls have been to frightened to speak up to either their lawyer or family consultant....they are ready now ...it has become too much for them to deal with ..obviously can't tell their lawyer as she shares info between all parties ...whom can the children speak too ....
JA: Since laws vary from place to place, what state is this in?
Customer: Sth Aust.
JA: Have you talked to a lawyer yet?
Customer: yes ...my daughter had one ...but she didn't speak up in court ..let the fathers lawyer run rings around her ..so judge never got the whole story..
JA: Anything else you want the lawyer to know before I connect you?
Customer: I am the girls maternal grandmother..I reported the father to the police last Dec ..they referred it to Families SA ...the girls had discussed the porn with me ....they didn't think it was a high priority..
Submitted: 5 days ago.
Category: Family Law
Expert:  LegalGems replied 5 days ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 5 days ago.

I am very sorry to hear this; so your daughter is "in pro per" ? self represented?

Customer: replied 5 days ago.
she ran up a huge bill for a lawyer who did not speak up in court
Expert:  LegalGems replied 5 days ago.

OK, thank you. I am sorry to hear that.

So since she is self represented, she can file a motion requesting one of the following:

1. a request for the court to appoint a guardian ad litem; this is an attorney for the children; it ensures that the children's best interests are represented. So that attorney can bring to the court's attention any concerns the children have

2. a request for a child or adult psychological evaluation. This would be to determine if the other parent, after analysis, has an addiction; for the children, it can help convince the court that the children do not feel safe with a parent, or other issues as they present.

3. a request for the judge to speak with the children in chambers (private room) so that the children can feel comfortable and talk to the judge about any concerns. This is rather common, particularly with older children.

4. a third party can write a declaration/affidavit attesting to any information they may have that may affect the case- i.e knowledge of a living environment that may be harmful to the children.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 5 days ago.

Child custody and visitation are always modifiable, so as the situation changes, the court can take into account changing circumstances also.

Expert:  LegalGems replied 3 days ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

Expert:  LegalGems replied 3 days ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

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