VIC Daughter applying for 100% Care with family court funding

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Sal1

Well-Known Member
24 June 2016
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Seeking advice . Background : dhhs became involved & ordered a preservation order a year ago to the non biological father (DNA proof) who had never had anything to do with my granddaughter . Dhhs is now exiting the case as my daughter has ticked all the boxes. My daughter has funding for family law whereas non bio father hasn’t got representation. He is stating verbally that he won’t agree to shared Care . My daughter’s lawyer stated that in family law it usually is 50% shared Care . Is there any way my daughter can apply for 100% Care as prior to dhhs being involved ?
 

AllForHer

Well-Known Member
23 July 2014
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Just to clarify, the preservation order facilitated the child living with the non-biological father? Is that right?
 

Sal1

Well-Known Member
24 June 2016
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121
Yes, by dhhs now they are exiting the situation & now going through interim family law .
 

Sal1

Well-Known Member
24 June 2016
41
0
121
Yes, by dhhs now they are exiting the situation & now going through interim family law .
Also , dhhs is stating that there is no reason why my daughter cannot Care for my granddaughter
 

sammy01

Well-Known Member
27 September 2015
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oh this is messy... So the child has been in the care of a man - but that man is not the biological father? And that arrangement was ordered by DHHS?

I'm sorry, but I find it hard to believe that this man had NOTHING to do with the child prior to this arrangement being ordered? REALLY? DHHS decided to give a child over to some random bloke who had some sort of casual relationship with your daughter? Sorry that isn't plausible... Why would they do that?

So if this child has been living with some bloke for a year, then there a meaningful relationship there and the child is entitled to have that relationship continue. How a court will determine how much time the child spends with your daughter is going to be very complex.... Can you summarise why DHHS got involved in the first place?
 

Sal1

Well-Known Member
24 June 2016
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Totally agree, very messy. The non biological father & my daughter was not in a relationship after my granddaughter was born . He is on the birth certificate hence why dhhs contacted him . It’s even messier , fact being that my granddaughter had been placed in his sisters Care originally & she had taken a icon out against him & dhhs still put my granddaughter with him . The DNA was done after my granddaughter was put with him . Originally dhhs was involved due to belief of drugs ( nothing was ever found ) my daughter had a breakdown due to having her daughter removed , then dhhs said she wasn’t well enough to care for her . ( we live in another state , dhhs said that granddaughter couldn’t reside with us ) my daughter has ticked all the required boxes for dhhs , that is why they are exiting . The non bio father had very minimal contact with my granddaughter Prior, a couple of hours & he would bring her back to my daughter’s house. He would not have been involved at all if it wasn’t for dhhs .