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VIC Applying in Family Court for Care of Daughter and Granddaughter?

Discussion in 'Family Law Forum' started by SallyD, 8 October 2016.

  1. SallyD

    SallyD Member

    8 October 2016
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    Dna testing results have just come back showing the father on my granddaughters birth certificate is not the biological father.

    My granddaughter is currently under DHS order cared by the now non-biological father's sister. The non-biological father has a current AVO against him, mental health circumstances. Court case is later in October. DHS has stated that their legislation takes it that if my granddaughter knows him as dad, then if DHS views that's suitable, nothing will alter.

    They have also said that they won't at this stage take into consideration that care be provided by her grandparents (us) as we are making application to the family court that both her mother & granddaughter be cared by us in Queensland.

    What sort of legal assistance do we need to have this achieved?

  2. sammy01

    sammy01 Well-Known Member

    27 September 2015
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    You should call Legal Aid. They might help.

    You're gonna need good grounds to change the residency of the child. If the father's sister is doing a good job, then you'll struggle. The biological status ain't all that important.

    Where is your daughter? Why does she need to be cared for by you? Why doesn't she have the child in her care?
  3. Sal1

    Sal1 Active Member

    24 June 2016
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    My daughter resides in Victoria. The only reason we were not granted to care for our granddaughter originally was we resided in Queensland & DHS said that the father was to be provided access, even though at that stage my daughter had taken an AVO out for both her herself and her daughter safety. He then made application to the court to have it revoked.

    The carer has been very biased towards her brother having access where as she docks time if my daughter is late due to having to travel 2.5 hours on public transport to see her daughter for 2 hours twice a week.

    Thanks for your reply.

    My daughter has PTSD from the violence caused by her ex (non-biological father of her child). There has been drug use in the past hence why DHS is involved.

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