Have Australian Law Questions? Ask a Lawyer Now.
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.
You can email it to***@******.***
I may take 24 hours to get tome as it goes through Justanswer. I will respond once I receive it.
You have now made it public to the world to see
Are their court orders in place?
When you say the childs opinion to carry weight, I am very surprised.
What does the child want?
This is going to be a messy matter as you will have to go to court over it. The fact that you consented last time is not going to assist you.
Is there evidence about the issues you mention and is the child having any counselling and can the counsellor confirm that the childs behaviour is due to problems with the mother and lt would be in the childs best interests to be moved?
She cannot make the mother do anything but her reports can assist in changing the living arrangements etc.
The court is not interested in the parents or the grandparents it is interested in the best interests of the child.
The Psychologist is going to have to prepare a report and give her or his opinion on what the issues are and how they are affecting the child.
Further the child is almost old enough to make up her own mind and the court will listen to her.
You will have to go to court and you will need to make sure that the psychologist supports the orders you want
You have to commence proceedings in court. It is not going to be dealt with quickly as the court has a backlog. You may get interim orders if there is evidence of urgency.
This is something that you will have to have a solicitor act for you.
I would also suggest that you go to mediation ASAP and when the mother refuses then take it to court.
If there is any abuse against the child then you also should report this to childrens services
She does not have to make suggestions but she should be able to give her opinion about the welfare of the child with the mother.
If she is not prepared to even do this you have an issue.
She cannot say the child has issues because of being with the mother and then refuse to give a report.
She cannot get you all fired up and then back out not wanting to be put on the stand and give a report.
A Family report will be ordered but the current psychologist can also give a report and she should.
If the mother refuses then get the certificate and start proceedings
If you report it then you can show that there is a report.
Doing nothing will not assist because the court will want to know if it was serious why did you not report it, this will go against you.
But have a solicitor assist you, this is not something that can be done on your own.
Just the reporting.
Taking the child away will result in the mother making an application for a recovery order and that will not assist you.
Also try talking to the mother to see if you can have the child more
If that fails court is the only way
You need it make a detailed history of events.
Also if the mother etc are taking her out of class you need to see if the school is keeping records about this and what the child is like when she goes back.
I suggest you get a court application in ASAP but put together a history of the relationship and the psychologist has to assist
You need new orders
You have no choice but to go to court
Wait till after christmas because if you do it now I suspect the mother will make it hard over christmas for the child
You have to take it to court.
You have no other choice.
You have to do that.
But as I said be prepared for a long fight and you need to use a solicitor because this matter is complicated and you are asking the court to change the current situation in the childs best interests.
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.