We have a situation in which the mother of two children has died and the father lives overseas (not an Aus citizen). the elder sister took them when the mother died.
The children have left due to an abusive environment but the sister is trying to get the younger child back (13 years old). They have a 'will' that says she has custody of children yet the will is not signed nor registered and probate was not done upon death.
Is there a way to start guardianship proceedings over the 13-year-old (the father is fine with the third party taking the child in and having guardianship) when they are not biologically related, so that the sister can not just take the child?
The second child in the case is 17 so they are of age to make their own decisions.
The children have left due to an abusive environment but the sister is trying to get the younger child back (13 years old). They have a 'will' that says she has custody of children yet the will is not signed nor registered and probate was not done upon death.
Is there a way to start guardianship proceedings over the 13-year-old (the father is fine with the third party taking the child in and having guardianship) when they are not biologically related, so that the sister can not just take the child?
The second child in the case is 17 so they are of age to make their own decisions.
