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Ask AttyHeather Your Own Question
AttyHeather, Lawyer
Category: Family Law
Satisfied Customers: 677
Experience:  Attorney with 15 years experience
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I am the father of who has had a patella operation that has

Customer Question

Hi, I am the father of Thomas who has had a patella operation that has disabled his knees 7 years ago . Thomas has Cerebral Palsy but was on the point of independent walking. At the time he was 6mths short of his 18 th birthday and I did not give consent. New procedures are available and Thomas may be able to have a rehab operation that would allow his knee full functionality. I have asked his mother (my ex) current guardian, about Thomas having the operation. She refuses to reply. Can I apply to the Guardianship Tribunal to become Thomas's Guardian so that he can have the operation.
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: NSW
JA: Have you talked to a lawyer yet?
Customer: I haven't but on a wider issue I spoke to a Barrister
JA: Anything else you want the lawyer to know before I connect you?
Customer: We had a property settlement in Feb this year. I spent alot of time with Thomas promoting independent walking until my ex ran away (from Perth) with Thomas to have the Operation. The Barrister said that because she would not go and see the specialist in US Thomas could not have informed consent.
Submitted: 9 months ago.
Category: Family Law
Expert:  AttyHeather replied 9 months ago.

Hi! I'm Heather. I've been a practicing attorney for the last 15 years, and I'd be happy to assist you for informational and educational purposes.

Expert:  AttyHeather replied 9 months ago.

Just a moment as I prepare the response...

Expert:  AttyHeather replied 9 months ago.

The general rule is that you as a parent have an interest in your child and have standing to ask for the guardianship to be transferred to you. You will have to file a petition to modify the existing guardianship case and explain to the court why it is in your son's best interests that the guardianship be transferred to you. Based on the facts you have laid out, it seems to me that you would be the better guardian.

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