NSW FACS Advised to Remove Child from Father's Care?

[stepdad84]

Hi all,

I just need some help. What I want to find out is what the process is and what the changes are of getting some parenting orders changed. I'll give you a quick run down of the situation.

Wife has orders for my stepson that is almost 11 years old. The child sees his farther 4 days out of the fortnight, Friday - Tuesday. Recently, FACS did a visit to the house and removed the father's other child and deemed it to be unsafe for the child (stepson's half sister) to stay there. They have advised us to get our orders changed as they don't think it's safe for my stepson to go there.

The farther and his girlfriend, who are the parents of the child that's been removed, have had a few dealings with FACS over the last 1-2 years and they have finally had to step in and remove the child. The farther also suffers with anger issues and has been to a number of anger management classes.

Just wanting some guidance on what we should do. We don't want to send my stepson there as it's just not a safe environment. Due to our income we are unable to get Legal Aid but we also have a mortgage so we don't have heaps of spare money.

 

[AllForHer]

So, the law says that parents can contravene Court orders if they genuinely believe a child may be at risk.

Was FACS' advice verbal or in writing?

 

[sammy01]

Yep, you want to work with FACS - get them to confirm in writing that they have informed you not to let child see dad.

If dad comes near or is aggressive, seek police assistance for an AVO

 

[stepdad84]

Most of it was verbal. But they did issue a temporary no contact order / safety plan.

 

[AllForHer]

Do you have a copy of it?

 

[stepdad84]

Do you have a copy of it?

Yes we have a copy of the safety plan. We had to give it to the child care centre and the school

 

[sammy01]

Follow their instructions

 

[stepdad84]

It only covers for the next few days. They said to go get legal advice about getting the orders permanently changed.

 

[AllForHer]

I agree with @sammy01 - follow their advice.

You can file an initiating application to have the existing orders varied. Alternatively, if you decide to withhold the child, you can wait for the other parent to file for contravention orders.

But get legal advice. You should definitely speak to a lawyer about this.

 

[stepdad84]

Thank you everyone,

Just to add. The father has been issues an AVO and an DVO within the last 12 months. Also had fire arms removed.

Can anyone recommend someone in Western Sydney to see?