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VIC Department of Human Services (DHS) and Custody Concerns

Discussion in 'Family Law Forum' started by MiizzCarmen, 5 January 2015.

  1. MiizzCarmen

    MiizzCarmen Well-Known Member

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    If the Department of Human Services (DHS) are involved because they have concerns about the father due to the evidence they have obtained. If the mother has relinquished her rights and doesn't want anything to do with her child. If she changes her mind and wants to have something to do with her child is that possible under family law?
     
  2. AllForHer

    AllForHer Well-Known Member

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    I suppose she can apply to the court for parenting orders that provide for her to have parental responsibility, but a court won't make an order to that effect unless it's deemed to be in the child's best interests. What a court considers where working out what's in a child's best interests is outlined in section 60CC of the Family Law Act 1975.

    One of the components is the extent to which a parent has taken, or failed to take, the opportunity to spend time and communicate with the child, and another is the extent to which a parent has taken, or failed to take, the opportunity to be involved in the long-term decisions regarding the child's care, welfare and development.

    Would a court deem it in a child's best interests to give responsibility to a parent who has thus far wanted nothing to do with them? Would that provide a stable environment for the child, or an emotionally secure one?

    I would wager the mother would be granted time spent with the child, but probably not parental responsibility. Of course, that depends heavily on the evidence supplied for either party, as well.
     
  3. MiizzCarmen

    MiizzCarmen Well-Known Member

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    Theirs is a upcoming DHS hearing. The father supposable wants involvement with his daughter and the mother is unsure if she wants involvement if her rights are relinquished and she changes her mind to have involvement with her daughter would she be able to?. If her rights are relinquished and if there are anymore court proceedings does she have a say can she still be involved or does she have no more involvement in total?. Can the mother still find out what's happening with her child in general and court proceedings?. If the mothers rights are relinquished in the upcoming court case can the mother still have the right to use one of the condition she was given on the previous court hearing or is it invalid?
     

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