NSW How to Stop DOCS Taking Granddaughter?

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1 November 2014
Hi. I am concern about granddaughter away from me. I have the care for my grand daughter while my son's is inside however sometimes the mother had her as well her other kids wants to see her.

The last two weeks I am not sure what happen so DOCS got involve and that time my granddaughter was at her mother's care. I'm very concerned. She is home now with me but the police advised me to take her to police station tomorrow and DOCS (Human Services) are going to be there. What can I do please I need your help?

I don't know what to do. The police called to take my granddaughter to police station and the DOCS will be there. Very concerned, what can I do? The mother lost her other children, DOCS got them.

Victoria S

Well-Known Member
9 April 2014
Hi, have a look at this Legal Aid NSW "Are you a grandparent? Your legal questions answered" page, including:
"The Children and Young Persons (Care and Protection) Act NSW is the law that applies in New South Wales when the Department of Family and Community Services (FACS - previously known as DOCS) thinks it is necessary to intervene to protect a child or young person from neglect or abuse.

FACS is the NSW Government child protection agency. FACS can support families to look after their children, or can remove children from their parents if it thinks it is necessary for their safety, welfare and well-being or if they are at risk of harm.

Grandparents can sometimes get involved when FACS makes decisions about the children and in some cases may be able to have the children placed in their care. You can apply to be joined as a party to Children’s Court proceedings started by FACS or the Court can join you as a party."

Ask the police for access to a legal aid lawyer and take notes of everything that happens.
Are there any parenting orders in relation to your granddaughter? If so, have you been granted any specific parenting rights/responsibilities?


Why have the police been involved and what are the allegations that have been made?

To give you a general idea, generally when DOCs are investigating a complaint, they will speak with the parent, carers, the child or other relevant persons in order to determine whether the child is at risk in their current care arrangements. If a child has been harmed or injured, or there is a risk of this, DOCs will look at moving them a safer place i.e. with a relative, friend or foster carer, depending on circumstances. DOCs may also provide practical assistance in the form of child care, emergency finance, counselling or information and referral to health or other services.

If necessary DOCs can apply to the Children’s Court for orders to assess the psychiatric or medical condition of a child, orders for supervision which enable regular meetings between the child and DOCs, orders that the child be provided with specific support services, or (worst case) orders allocating parental responsibility to someone else. If Docs want to remove the child from you, make sure they have proper Authority to do so. However where possible, DOCS generally try to keep families together, and help them to manage difficulties through counselling and support services.