Australia's #1 for Law

Join 11,000+ Australians. Ask a question, respond to a question and better understand the law today!

Dismiss Notice
Hi Guest, Want peace of mind with personalised legal advice today? Visit LawTap to find the right Australian lawyer and book online instantly.

VIC Visitation Rights - Should I Collect My Son with Victoria Police?

Discussion in 'Family Law Forum' started by happiness, 15 December 2015.

  1. happiness

    happiness Member

    15 December 2015
    Likes Received:
    Department of Human Services has said they are now closing the case there is nothing further they can do or assist with. It will now have to go to the courts. Whilst the investigation was going, the Department of Human Services put it across to the other party/the other parent to have visitation. I have had no visitations with my son in that time which has now been 6 weeks.

    The last conversation I had with Department of Human Services, as explained above, it was also said we have put it across to the other party/farther & grandmother and they have said no to any visitation rights and no to seeing him at all till it goes to court.

    I would like to go and pick up my child as Department of Human Services have closed the case and there no family court orders or legal documents put in place.

    Should I ask assistance from the Victoria police to go and collect my son?

    Thank you
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
    Likes Received:
    State police will keep the peace, but they won't help recover the child to spend time with you. Family law is a federal matter, and police will only intervene if ordered by the court to do so.

    I also don't condone parents entering into situations that they know will expose the child to conflict. Always follow the correct avenues, because the cost of not doing so will be far greater long term than whatever emotional pain you are feeling right now. I suggest that you endure. File an initiating application with the court, request interim orders, highlight that you haven't seen the child for six weeks, then be patient and wait until the first court hearing when interim orders will be decided.
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    N Knight likes this.
  3. speck1

    speck1 Well-Known Member

    24 June 2015
    Likes Received:
    And wait a year to 2 years to see your kid.

Share This Page