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We have a “friend “ who was a surrogate for someone else who decided 2 weeks before babies birth that they didn't want to be parents. We were then contacted asking if we would take him (I cannot have any more children - we have 2 daughters already) and of course we said yes. We were living in Tasmania at the time but I hoped on a place to be there for his birth. He was born via c section on 15 May 2017. I was in the room for the surgery. Right after birth he was placed on me for skin to skin contact. I did all the “mum” things, eg feed him, bath him etc. on 20th May 2017 I flew home with him back to Tasmania. My husband Adam is on his birth certificate. We made a silly decision last year to move here in March 2018 so baby could have a relationship with birth mum. We moved before doing the parenting order. On Wednesday 16th May 2018, I dropped all 3 children off to her while I had a medication change (I wanted to wait until my husband arrived as he didn't arrive until 24th May 2018 but she talked me into doing it before he arrived) but the medication change ended up as a suicide attempt. I was on a medication for bipolar that I shouldn't have been on so now the doctor has taken me off it and I've now made a full recovery and will live a normal healthy life. She told me she would look after all 3 children until my husband arrived. While I was in hospital she contacted child safety services and then convinced my 14 year old to tell them I bash her. Child safety have given our 9 year old back, placed our 14 year old in foster care while they finish their investigation, and they said they can't do anything about baby and we need to take her to family court. Apparently because there's no court orders she can just keep him if she wants? Does that mean if we can get him for a visit we can just keep him until court because there's no court orders? We need help getting our son back … read more
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Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

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Australian Legal Practitioner

Darren Kruse

Darren Kruse

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16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

30,882 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

John Melis

John Melis

Lawyer

10,662 satisfied customers

Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts

Daniel

Daniel

Solicitor

6,299 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

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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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