SA Family Law - What are My Rights to Keep Children Safe?

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sammy01

Well-Known Member
27 September 2015
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So book in for mediation. She won't attend and you will get the certificate you need for court. Once you do that, get back to us. There are good folk here that will help you apply to court. You can self-represent, but all of that takes time...

If you have real fears for the kids, then option 2 is risky - as mentioned before she will get a hearing for an urgent recovery order, but given there is history of child welfare being involved, she might fail to get the recovery order... So while it is risky, finding a way to get the kids into your care and going from there is an option.

Can you call the ex and tell her you want to see the kids next holidays? You are not breaking any laws by picking up the kids. There are no child abduction laws for parents unless there is a court order stopping a parent from having contact with their kids and that doesn't apply in this case.

I'd also be going to have a chat to your doctor. Tell them your concerns and see what they can do. I have to tell you that child welfare is bloody useless. You'll wait a life time for them to act.

Now you've said the older child said that mum and stepdad were 'extremely abusive'. If you suspect the same applies to the younger kids, then I'd suggest either talking to a solicitor to make an urgent court application and/or doing what you can to get the kids in your care and forcing the mother to seek a recovery order...

I also reckon speaking to a solicitor is going to be the better option, unfortunately it will also be the most expensive.
 

ConfusedDad

Active Member
15 September 2016
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Yes I am seeing that mediation & lawyers are going to be my only option & probably the only way I am protecting myself from later issues. Will ring mediation & get ball going there.

I do appreciate everyone's suggestions.

Just totally overwhelmed with it all atm, sorry if I comes across ungrateful.

I will speak to my GP as well, get my concerns noted. Have been told by many that Families SA is probably never going to take action due to the massive load they have.
 

sammy01

Well-Known Member
27 September 2015
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Mate, sadly the legal route is the best way. You take the kids then all of a sudden they are caught in the middle of it all... Get yourself to court ASAP.
 

ConfusedDad

Active Member
15 September 2016
7
0
31
Thank you both very much for your help.

I agree, putting anymore stress on them is unfair with what they are going through already & I don't want to be seen as the person laying all the negativity on them. They get enough brainwashing already.

Mediation & court here I come...
 

AllForHer

Well-Known Member
23 July 2014
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If the last attempt at mediation was less than 12 months ago, you should already have a valid s 60I certificate, meaning you don't have to attempt mediation again. Just FYI, more or less.
 

sammy01

Well-Known Member
27 September 2015
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Good - now I just had a look and I think it will cost you about $400 to apply to court. Just get it done and apply for primary care. Once magistrate sees the docs reports you'll be on your way...