Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

NSW Family Law - How to Get Children Back in My Care?

Discussion in 'Family Law Forum' started by Glenno, 19 April 2016.

  1. Glenno

    Glenno Member

    19 April 2016
    Likes Received:
    Hi I'll keep it short there are family court orders in place, however, I strongly believe my children are at risk living with there mother. I have had my 9-year-old son tell me his mother and partner smoke out of a glass pipe and the state of the house is really not a clean environment, even had a police officer say he would not let any child live there.

    Is there some way I can stop my kids from going back and try to get them back in my care?

    Any help on Family Law would be great, thanks
  2. sammy01

    sammy01 Well-Known Member

    27 September 2015
    Likes Received:
    I'd go back and have another chat to the cop... If he/she has real concerns he/she has a legal obligation to do a mandatory notification to Doc's. He / she might also be able to give you advice...

    Look it is dicey - but if you really have concerns for the kids then you should not return them and advise mum that you've kept the kids until your concerns are addressed but I would not do that just based on my opinion. I'd speak to a solicitor rather than just taking advice from a punter like me...
  3. Clancy

    Clancy Well-Known Member

    6 April 2016
    Likes Received:
    Yeah, um you cannot contravene custody orders on your own authority. If you have real concerns, get on the phone to docs and follow their advice.
    teflongirl likes this.
  4. Hope this helps

    Hope this helps Well-Known Member

    26 March 2016
    Likes Received:
    Clancy is correct and you also know yourself. You are not to contravene court orders in any way nor anyone else allowed to interfere with family court orders including police as they are under state law and though they can say what they like to you, Family Court orders come under Federal Law. You can when your child is in the care of the mother, have the police do a welfare check due to your son's comment, especially if he texts or calls you stating this whilst there.

    If the mother and partner are doing drugs, etc., then the police can have the CSIU involved and call or make a report to DOCS, take action regarding mother and partner and whoever else is there. You can yourself in relation to what your son said ( if the child is willing to state this to CSIU or DOCS when spoken alone.) also report your concerns. You can also apply for court orders to be changed, giving reasons however you must have evidence.

    I know, it's frustrating but as Sammy 01 said you can see a lawyer but you won't get anywhere in court if you do not have evidence.

Share This Page