VIC How Can Grandparents Obtain Custody of Children?

[Sal1]

Hoping to gain information to assist us.

Our 3-year-old granddaughter is currently in care through DHS due to having been removed from our daughter's care because of drug use and mental health concerns. Her mother has worsened and is not fit or well enough to be inconsideration for reunification.

The non-biological father (DNA proof) has had very limited contact with our granddaughter and is attempting to gain custody of children, though currently not having access visits due to mental health issues.

Can you please help us with the process of applying for full custody of our granddaughter?.

Thanks in advance

 

[Lance]

Hi Sal,

My understanding is that while you don't have automatic rights to access or custody and generally access would either need to be agreed or via a parenting order.

The link below talks about grandparent carers:
Grandparents and other family members - Federal Circuit Court of Australia

The blog post below is more about access but in the immediate situation it might be a first step towards custody.
https://www.lawanswers.com.au/blog/grandparents-rights-a-quick-guide-on-access-to-grandchildren/

If it were me I would speak to a lawyer to initially get access to your granddaughter via a parenting order and in the long term gaining grandparent carer custody.

You can contact a family lawyer in your area via LawTap: Find a Lawyer & Book Online Instantly

I wish you luck in getting your granddaughter back.