My grand daughter has been in my care for 3 years in May. Welfare closed the case as she was not in risk of danger with

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Customer: My grand daughter has been in my care for 3 years in May. Welfare closed the case as she was not in risk of danger with me. Her mother has now had another child and in another relationship for 2 months. She went to rehab for 6 weeks last sept prior to baby being born in October. I sought legal advice and they told me not to
JA: What steps have you taken? Have you filed any papers in family court?
Customer: let her out of supervision Still doing affidavits
JA: Family law varies by state. What state are you in?
Customer: nsw
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Her mother has told me she is coming to take her.
Answered by John Melis in 39 mins 1 year ago
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John Melis
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John Melis, Expert

Hi! My name is***** a solicitor in Australia, and I’m happy to help you.

You will be able to stop the mother from taking the child based on your current guardianship. If you have any issues, you should apply immediately in court.

Grandparents are entitled to apply for parenting orders under s 65C of the Family Law Act, which provides:

Whilst grandparents specifically have standing to make an application under the Family Law Act; it does not automatically mean orders will be granted.

As with any parenting order, the court will always consider an application by the grandparents through the prism of what is in the child’s best interests.

You may start the process with mediation through relationships Australia.

The alternative is to commence proceedings in the family court.

​I can hear your concern and your voice, and if you follow the steps I’ve suggested above, it will give you a direction to go.

Please let me know if you have any more questions.

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