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Is there a lawyer a grandparent, who is caring for a 2 year…

Is there a lawyer...

Is there a lawyer a grandparent, who is caring for a 2 year old child long term without formal legal custody, can call after-hours if the parent decides they want to uplift the child while they are psychotic on metamphetamines and or other drugs and clearly unfit to keep the child safe? The child has a lawyer and has asked if the Grandparent to call them ASAP if this situation arises but its now afterhours. We are expecting there will be a confrontation on Sunday.

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Oh dear - I did not think about this being an international help line. We are in Auckland New Zealand

Lawyer's Assistant: Has anything been filed or reported?

Yes - police and CYFS are aware that there are custody issues but the grandparents are trying to maintain a relationship with their daughter so have not filed for custody as yet. The plan to do it on Monday when they get hold of the lawyer for the child.

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

The mother is currently being sought by a gang - they have put a bounty on her because she was going to testify against one of them in court for a serious assault

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Answered in 1 hour by:
1/19/2018
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,625
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hi
I am a New Zealand lawyer based in Wellington and will help with your question today
Ask Your Own New Zealand Law Question
You can call tomorrow if you want to speak to a lawyer in person.
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How old is the child, and is the father involved at all?
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Are there any court orders as to parenting or contact? Where is the child at present? Dies the child want to stay with you?
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Customer reply replied 4 months ago
Will there be an additional cost to call?
Customer reply replied 4 months ago
No thanks, ***** ***** already paid $50 more than was indicated when I registered. We will risk waiting until Monday when we can contact the lawyer for the child.
While the phone call is extra, on this question you don’t have to pay until you are happy with the answer
Ask Your Own New Zealand Law Question
Customer reply replied 4 months ago
The situation is complicated. I am the Aunt of the father of the 2 year old boy I am concerned about. I just wanted to know if there was a lawyer we could call after-hours to put in place a process for the maternal grandmother who has been caring for the child to gain urgent custody to protect the child. I do not want the child to live with me. I have grave concerns for the welfare of the parents who have separated but are at high risk of serious assault from one of the gangs.In essence neither the mother or father are able to adequately care for their 2 year old boy. We do not want to call CYFS given they may uplift the baby and remove him from his grandmother where he has finally settled and is now doing well. The lawyer for the child is in Auckland. Late today we found that the situation may become critical over the weekend and we decided to call her about it but the office had closed.The mother currently has custody and the father has supervised visiting rights with Bernados. The mother put a protection order in place agains the father about 18 months ago when they separated. The father has since been recalled to Mt Eden prison for breeching it. The father has a visit scheduled on Sunday which he does not want to miss as he travels from Wellington to Auckland to see him. We are very worried the mother will come and want to uplift the child and put him in real danger,Both parents are being intimidated by a gang into not testifying against one of their member at an impeding court case - my nephew has just been seriously assaulted - beaten about his face and head - required 30+ staples at A&E - and now won't testify or press charges re assault. The mother knows they intend to do the same to her as she is the only other witness, and is now terrified and today is exhibiting syptoms of paranoid psychosis (I am a doctor) which may or may not be drug induced. We understand there is a very substantial sum of money to be paid for silencing her.My prime concern is how best to protect the child over the weekend. I care deeply for the parents but there is little I can do to help other than seeking Police protection and support which has been done today.Is it possible for the grandmother to start legal proceedings tomorrow to prevent the mother uplifting the child over the weekend? What should she do?

It's not possible to get a court to make orders in the weekend, so the best course would be to take steps to supervise the contact so no one except the grandmother can bring the child there or remove the child. This could involve police, but they may not want to be involved. Ifcontact is not possible because of the risk of the child being abducted then the grandmother should refuse contact. If the mother took the child, she would likely lose parenting rights once the child was returned

Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,625
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verified
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Chris The Lawyer
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Chris The Lawyer, Lawyer
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Satisfied Customers: 23,625
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Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.

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