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ACT How to Become a Legal Guardian Under Family Law?

Discussion in 'Family Law Forum' started by Indyblack, 10 July 2016.

  1. Indyblack

    Indyblack Member

    10 July 2016
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    My husband and I have two kids in our care. Our 4-year-old niece and 5-year-old nephew. We have had them since Dec 2015. Their parents are separated.

    The father wants us to keep the children and does not want them returned to the mother as she has had suicide attempts, depression (doesn't take meds for it). She has neglected her kids in the past. She has struck her son in the head and left a bruise (have photos of it). She lives with me currently as she does not have anywhere to live and cannot afford a place for herself.

    Her income is so low that half the time she can't afford her board. She has a lot of debt. I'm down as their guardian at both their schools, Centrelink and medicare, but I wish for them to be legally ours, as we wish to move back to our hometown (without their mother) and to have both their parental rights taken away, preferably not through court, but if need be, what do I need to do under family law?
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    You would need to adopt them which requires consent of both parents, or otherwise, it can't be done unless through the Court since the Court is the only authority capable of removing parental responsibility.

    The Court will only make orders to that effect if it is satisfied that's what's in the best interests of the children. In my honest opinion, I don't think the Court will agree the best interests of the children would be met by removing them permanently from their parents, no matter how many times you list yourself as a guardian on various paperworks and no matter how much you want to take away their parental responsibility. Put simply, it isn't done.

    So your best chance is through adoption by consent. Organise mediation through Relationships Australia, but don't hold your breath for an outcome in your favour.
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