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John Melis
John Melis,
Category: Australia Law
Satisfied Customers: 538
Experience:  Principal Lawyer at Legal AU Pty Ltd
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It is about a grand daughter being the responsibility after

Customer Question

It is about a grand daughter being the responsibility after the death of her daughter, unmarried and befriended by a person not considered to take charge of the child.
JA: Family law varies by state. What state are you in?
Customer: W.A the grandmother is only59 and more than capable of looking after the child. There is also a large young family related children.
JA: Have you talked to a lawyer yet?
Customer: She has and is not confident. The woman she is opposing has been in touch with the child on weekends for 2or 3 years. She arranged court hearing for a day after the funeral , and the grandmother was still very much upset and the woman concerned took advantage of this. She received custody for week days and school with the grand parent to have weekends. this means she has to travel 300 odd kilos a weekend.
JA: Anything else you want the lawyer to know before I connect you?
Customer: The daughter and tis women are Gay. The decision made at that hearing was made in the interest of the child being at school in her 1st year.
Submitted: 2 months ago.
Category: Australia Law
Expert:  John Melis replied 2 months ago.

Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly.

Kind regards
John Melis

Expert:  John Melis replied 2 months ago.

Dear customer, where there is concern for the parenting of a child new orders can be applied for at the Family Court.

The Family Law Act allows for a wide variety of person who may make an application for a parenting order. An application for a parentingorder can be commenced by a person who is concerned with the care, welfare and development of the child. This includes: the child’s parents; the child;

a grandparent; any other person concerned with the care, welfare and development of the child.

A number of provisions in the Act refer only to "parent" or "parents" which has been defined to mean only biological and adopted parents and not a person who stands in loco parentis to a child. Each case will therefore be viewed on its own circumstances and the court will need to consider how Pt VIII would apply to a person who is not a parent.

It is clear that s 65C allows an application to be brought by any person with a legitimate interest in the child’s welfare. This can include, for example, a person who has previously lived with the child as a step-parent. In cases where a natural parent has died, a relative of that deceased parent may make an application in respect of the child.

The best interests of the child are the paramount consideration of the court when making orders in relation to that child. The objects of Pt VIIand the principles underlying it are set out in s 60B(1) and (2) of the Family Law Act.

If a party has a current parenting order and wishes for a variation to be made to that order, they must first prove that there has been a significant change in circumstances since the original order was made to warrant a review.

If the safety if the child is of concern, an application to the family court ,may be made on the facts for review of the current parent orders.

Kind regards *****

Customer: replied 2 months ago.
Thank you I wish that the charge of $61 be withdrawn as I do not want to remain. Auth. 224421.
Thank you again.
Expert:  John Melis replied 2 months ago.

Dear customer, you may manage your subscription in your members area.

Kind regards *****

Customer: replied 2 months ago.
I wish to have the charge of $61 to my visa account be withdrawn. I do not wish to continue. Barry Newman
Customer: replied 2 months ago.
The answer given is comprehensive but does not give me what I was looking for. Thank you but I do not wish to stay connected, so , would like that $61 withdrawn from my Visa account.
Regards,
Barry Newman
Expert:  John Melis replied 2 months ago.

Dear Barry, you may cancel your subscription through your members area, or you may send a message directly to just answer through the help forum. Just Answer is an American hosted website. They will assist you.

If you would like to discuss your matter by telephone for clarification, please advise your telephone number and I will assist on the same.

Kind regards *****

Expert:  John Melis replied 2 months ago.

Don't forget to rate my service.

Kind regards
John Melis

Customer: replied 2 months ago.
I don't know how often I have to say this, but I wish to have the $63 DOLLARS RETURNED TO MMY ACCOUNT When I committed my account number it was for the $5 reference. Please no more fidlng about.
Expert:  John Melis replied 2 months ago.

Dear Barry, you may cancel your subscription through your members area, or you may send a message directly to just answer through the help forum. Just Answer is an American hosted website. They will assist you.

Kind regards *****