WA Getting My Baby Back - Go to Police or Court?

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Ria229430

Member
27 December 2018
2
0
1
My ex’s sister-in-law has been looking after my daughter for almost 3 years now. I haven’t seen her for 2. She is now 5. For the past 2 years, I have tried to contact this sister to gain access to my baby & only ever received a response 2 months ago. She was meant to have brought my daughter up to Perth on Christmas & has blocked every member of my family & myself again.

2 & a half years ago, I was given “legal guardianship application” forms by my mother who was given them by my ex’s mother the night before the court hearing was meant to take place. This was all done behind mine & my family's backs & we were only told very last minute.

Now these papers had my ex’s last name as my daughters surname on those application forms. My ex (her father) isn’t on the birth certificate. He has known this since day 1 & was meant to have put his name on. Still to this day his name is still not on & she is still under my last name(the last name on her birth cert). This is the reason why we haven’t taken any legal action. Thinking we had lost all rights to her. I’ve had enough. I’ve been fooled & I just really was too dumb to think I wasn’t capable to fight this. This is my baby. I am her mother & I’m gonna get her back. I have two questions.

1) Is it possible to apply for guardianship & win with a wrong name & clearly no legal documents?

2) Me being her mother & still having full custody of her, can I just go to the police to be escorted to get her or do I need to go through the courts?
 

Rod

Lawyer
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27 May 2014
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I am not in WA and can't comment on their laws around guardianship.

You can try the police, but if you do, give them the full story, especially about the paperwork, and see what they say. If they refuse to help you can ask at a local community legal centre or hire a lawyer to help you.

And I'd suggest possibly seeing a counsellor as well. You were obviously in a bad space for a while and you should carefully consider what is now in the best interest of your child. I don't know what is best, hence my suggestion to see a counsellor to help work out what will be the best thing for your daughter.
 

Ria229430

Member
27 December 2018
2
0
1
Yeah I had bad depression so my mom in-law suggested I leave baby with her til I got better but to my surprise they had filed this guardianship form while I was trying to ge help.

Thank you I will try the police