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NSW Son and Partner Using Drugs - Options under Family Law?

Discussion in 'Family Law Forum' started by worywart, 17 December 2015.

  1. worywart

    worywart Member

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    Hi, my son and his longtime partner have six beautiful children, whom they love very much. The children's needs were met, the house kept clean and my son worked hard.

    They are using drugs. They can no longer provide a safe environment and maintain the duty of care for my grandchildren but I cannot report them to DOCS. What other options do I have under Family Law?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Why can't you report them to DOCS? If the kids are being neglected, why not report them to the police?
     
  3. worywart

    worywart Member

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    Easier said than done. We want to take care of the children and not have the authorities take them away from us or extended family.
     
  4. AllForHer

    AllForHer Well-Known Member

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    I think your mind is on the spectrum of extremes. The DHS will open a case for investigation and determine from there what the best course of action is. It doesn't necessarily mean the kids going into the care of the state. In many cases, it will even work with the parents to improve the situation they're in.

    Without a paper trail, however, you're unlikely under family law to have the kids removed from the parents' care and placed into your care, and to be honest, you'll already be facing an uphill battle on that one anyway. If the kids have never lived with you before, the court is probably not going to remove them from their parents without a compelling and clearly evidenced reason for doing so.

    If I were you, I would call DHS and voice your concerns. Your first priority should be improving the parents' situation, not risking harm to the kids by removing them from their home.
     
  5. N Knight

    N Knight Well-Known Member

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    The other option is to file an urgent application the Family Court seeking that the grandchildren live with you.
     
  6. worywart

    worywart Member

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    Hi, thanks for your opinions.

    Three days after my last post, my husband and I brought some groceries, went to my son's, had lunch with "the chillies" and sent them out to play. My son and his partner, I didn't mince words. I hit them hard and fast. Last words said were, "or we take the kids".

    Christmas is always as good as the last one, everyone's happy, laughing, eating, playing and crying. My son and his partner didn't come for Christmas day but came the day after boxing day.

    We check in on them regularly. They are happy, healthy and my son has returned to work.
     
  7. AllForHer

    AllForHer Well-Known Member

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    That's really good to hear. Sometimes, a loved one needs to hear it from those who care most to make a change.
     
  8. worywart

    worywart Member

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    Totally agree, tough love.


    Regards
     

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