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VIC DHS (Human Services) Adoption Investigation and Future for Child?

Discussion in 'Family Law Forum' started by MiizzCarmen, 18 January 2015.

  1. MiizzCarmen

    MiizzCarmen Well-Known Member

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    If Department Of Human Services are involved; DHS and one of the parents are trying to go for custody. If the involved parent fails I am guessing that DHS will get custody of children. If the not involved parent wants to start a relationship with her child, is it correct it will be too late for that?

    With the involvement of DHS,if the father is found guilty by the police with the current investigation due to the circumstances DHS have said the child will go up adoption ( adoption Australia). If the mother has started a relationship with her child would her relationship with her child affect the adoption process or the police investigation? What is the adoption process? Can the mother still have a relationship with the child as it grows up?
     
  2. Sarah J

    Sarah J Well-Known Member

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    What does the mother want to do? Does she want custody of the child?

    If yes, I suggest she contact DHS immediately and see if you can join in the DHS parenting order application. This means, when the DHS is asking for custody, they may be doing so on the mother's behalf, recommend that the mother has temporary custody of the child or ask the magistrate for some permanent arrangement that involves the mother. In short, the mother's interests may be heard through the DHS. If the DHS does not think the mother should be recommended, the mother can apply to join to proceedings and represent herself for custody.

    As to what kind of relationship she can have with her child after adoption, that will depend on the arrangement between the mother, DHS and the adoptive parents. Somethings, court may intervene to limit the relationship as it may confuse the child growing up. The question is: what is in the best interests of the child?

    Here is some information on the DHS, their powers and magistrate orders that will be helpful: "Law Handbook -Child Protection"
     
  3. MiizzCarmen

    MiizzCarmen Well-Known Member

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    The mothers goal is she wants to put her child up for adoption as well as having contact with her child as she grows up. In the last court hearing the mother was given access to her child in last court hearing. The court hearing has been postponed to a later date where DHS are planing to go for a long term Guardian to Sectary Order. But the mother was told if the father is found guilty in regards to the police investigation it will go to adoption. In the mean the father is also planning to go for custody. but she was told she can oppose.

    So as long as the mother is co operative and sees her child regularly she can voice her opinions on what she would like to see happen with her child correct?.

    If she chooses not to spend any time with her child or has nothing to do with her child in the long run shes out of the picture completely and DHS will make all decisions and if the mother disagreed there is not much she can do about it correct?

    If she did have a relationship with her child that wont interfere with adoption or police investigation correct?
     
  4. MiizzCarmen

    MiizzCarmen Well-Known Member

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    The mothers goal is to have her child up for adoption. As her child is growing up she would like to be part of her child's life. Mother is currently negoating contact with her child. DHS were planing to go for a guardian Sectary Order. Can DHS force the mother to have custody?. Or Would DHS just give the mother conditions and if she doesn't agree can she appeal it? Does the mother have any options if she dosnt want custody?
     
  5. MiizzCarmen

    MiizzCarmen Well-Known Member

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    Following on from what has happened above, the Mother has changed her mind and wants contact visits with her child, She does not want custody at all but she would like to put her child up for adoption and be part of its life as it grows up.

    Father does not want the child but is planning to go for custody anyways

    DHS (Human Services) Current assessments on father were planning to get a full custody Guardian to Secretary Order due to certain facts surroundings the situation there could be a possible adoption

    Questions:
    If father does not prove to be reliable person to look after child or has decided he dose not want nothing to do with child no longer.

    If DHS approve and if its in the best interest for the child to have a relationship with its mother. Would the mother still be able to have contact with her child and be part of her child life without getting custody of the child at all?

    Would DHS push the mother to get full custody if she dose not want to?

    Can the mother appeal any decisions by DHS if she disagrees?

    Without the father's involvement, would the mother have more of say of what happens to her child in the long term?
     
  6. MiizzCarmen

    MiizzCarmen Well-Known Member

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    A mother dose not want full custody of her child. The father fails his assessments with Child Protection. If Child protection approve contact visits can the mother still be involved in the child's life as it grows up?.
     
  7. MiizzCarmen

    MiizzCarmen Well-Known Member

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    If a mother change her mind and wants to be part of her child's life with the DHS approval. Can she still be part of child's life without getting custody?
     
  8. rebeccag

    rebeccag Well-Known Member

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    Yes she can be. Keep speaking with your contacts at DHS (Human Services) - you should be asking these questions to them.
     
  9. AllForHer

    AllForHer Well-Known Member

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    I feel so sorry for the child in this.
     
  10. MiizzCarmen

    MiizzCarmen Well-Known Member

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    DHS is currently involved they have no concerns with the mother the have concerns with the father and there is a current criminal investigation on the father as well. The father mother is meant to be coming from Bosnia so DHS can do a assessment on the mother. If the grandmother passes her assessment can the mother oppose the decision?

    If the father is guilty and the grandmother isn't suitable to look after child. Is there such DHS Order that the biological mother still have her rights, still makes important decisions for child, sees her child on a regular basis but the child is still under DHS care?
     

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