VIC Can Court give custody of kids to others apart from parents?

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franciscruz

Member
26 November 2019
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Hi,

I have joined this forum to find this answer. If someone can help, i will be really grateful to them.

My Sister is in Australia and She is having problem with her husband, he is abusing her, even hit her.

She has been told by her husband and family that if she complain about abuse to police, then police will take the kids and give to orphanage or adopted by others.

I was trying to read some family law, i could not find anything like that. Is there any such thing exists in Family Law, that

1. In case of dispute between husband/wife, Are Kids taken away from them and given to someone else?

2. What is best we can do in this case?

Can anyone help in this matter, please, so we can advice her accordingly.

Thank you in advance.
 
Last edited:

Atticus

Well-Known Member
6 February 2019
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She has been told by her husband and family that is she complain about abuse to police, then police will take the kids and give to orphanage or adopted by others
Not true.... If your sister is being beaten she can report it to police who may serve the husband with a domestic violence order so that if he breaches the conditions of that order, can result in him being charged & possibly convicted...

Your sister would be best advised to first call legal aid (see link) >>> Victoria Legal Aid | Helping Victorians with their legal problems. & explain what is happening... They can further advise/assist...
 

franciscruz

Member
26 November 2019
3
0
1
Dear Atticus,

Thank you so much for this information. This gives us relief and we will pass this information to our sister. She was too much afraid to do any complain, as she is alone and other side, they have friends. They all bully her, mentally torture her. and when in frustration she shouted back / screamed, they recored it. We don't know what they were upto. And they were saying, those video clips against her, that she is not mentally fit. Where as, she is Doctor her self, very sensible and kind lady.

Regards
 

Atticus

Well-Known Member
6 February 2019
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Sometimes there are entrenched cultural issues & traditions at play.... When your sister contacts legal aid, if she wishes she can ask if it's possible to speak to someone of her own nationality or even an interpreter if that is required..
 

franciscruz

Member
26 November 2019
3
0
1
Thank you once again. She can speak English very well, so interpreter is not needed. She is doctor and highly qualified, only thing she is very sensible and not strong and alone there. That makes her bit more scared, as they confused her, that if she complain, she will loose kids.