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My godson is 91/2 years old and has lived with me for the…

Customer Question
Hi, my godson is...

Hi, my godson is 91/2 years old and has lived with me for the past4years and 8 months plus prior to that lived with us for another nine months. I don't have guardian ship of him and his mother has now decided she wants hi

Lawyer's Assistant: Family law varies by state. What state are you in?

Sorry, she wants him back. She hasn't seen him for 18 months. He doesn't want to go and I was wanting to find out if we would have any legal standing to stop it happening.

Lawyer's Assistant: Have you talked to a lawyer yet?

No, it has only just happened

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at the moment thanks

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 minutes by:
12/4/2017
Solicitor: Leon, Solicitor replied 7 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,720
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Solicitor: Leon, Solicitor replied 7 months ago

Good Morning

Are there any court orders with the parents

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Customer reply replied 7 months ago
No there isn't
Solicitor: Leon, Solicitor replied 7 months ago

Good Morning

You have to go to mediation and then court if they do not agree.

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

You may have to get a solicitor to run this for you.

But you may also be able to get legal aid.

This will give you residency and the right to make decisions.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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