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VIC Child Protection and DHS (Human Services) - Can Mother Get Child Back?

Discussion in 'Family Law Forum' started by Missii, 28 December 2014.

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  1. Missii

    Missii Well-Known Member

    12 October 2014
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    Mother would like to place her child up for adoption both parents are no longer together. Currently DHS ( Human Services) Child protection are involved there currently doing an investigation on the father there has already been one court hearing and the child got a interim accommodation order until the next court hearing. At the first court hearing DHS Child protection only attended the father was given 7 conditions to follow by DHS Child protection the mother was given 1 condition currently the mother dosnt want anything to with her child. There is a hearing coming up all DHS Child protection have said that both parents will be need to attend including DHS Child protection and each parties lawyers. DHS Child protection also said that there are likely going to be a few court hearings.

    What is likely going to happen on the upcoming court hearing? Would they give the father custody of children straight away?. If the mother changes her mind and wants to take her baby back and look after it as a single is that possible and what would the process be & would it be difficult for her to get her child back?
  2. Tracy B

    Tracy B Well-Known Member

    24 December 2014
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    Hi Missii,

    The court will decide according to what is in the best interests of the child. They will not give custody to the father straight away just because the mother does not want custody of the child. They will look at whether the father will be a good caretaker for the child or whether the child is better off in someone else's care or up in for adoption. The court may also consider grandparents and other relatives.

    Depending on the specific details of the case, it is hard to tell what the court will likely order. However, the court will may order a temporary custody arrangement and if the mother decides to want a relationship with the child in the near future, she can apply to court for a variation of the order or just simply contact the caretaker directly and start a relationship from there.

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