NSW Stepchild & law

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Geowin1

Member
29 July 2020
2
0
1
My daughter has separated she has a biological child with husband & a step child who’s biological mother has passed away her step child currently resides with her but father is threatening to take her away & we’re concerned for her welfare if she goes not sure what my daughter can do legally
 

sammy01

Well-Known Member
27 September 2015
4,193
603
2,894
the child has a right to continue the relationship with step-mum. The family law act protects the right of the child to have a meaningful relationship with anyone who has been a significant person in the child's life.
 

Geowin1

Member
29 July 2020
2
0
1
She is in the process of getting consent orders as she is the carer at the moment & needed to be able to legally sign school notes & take her to the doctors while he’s not around which she’s been doing for the last 6 years anyway.Now he’s going to contact the solicitor & get them stopped. As she’s pretty much got nothing someone suggested she contact Legal Aide
 

Atticus

Well-Known Member
6 February 2019
1,155
187
2,394
She is in the process of getting consent orders as she is the carer at the moment & needed to be able to legally sign school notes & take her to the doctors
One of the problems here is that unlike a parent, a step parent doe's not have the presumption of equal shared parental responsibility... Don't know if a temporary guardianship order may be a possible alternative. May depend on the kids age... how old is she?

Depending on age, she may also be able to have her own wishes & views taken into consideration by court (via an ICL or family consultant)