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Old Apr 29th 2016, 7:30 am   #31
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Default Re: Grandparents Family Court Custody Order?

I too laughed at the bong. Ho ho very good.
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Old Apr 29th 2016, 8:39 am   #32
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Default Re: Grandparents Family Court Custody Order?

There is only one thing drug addicts are famous for - wanting money!!!! If it was me and in your situation I would get some legal advice on getting the parents to sign a "hand me over" document thats legally binding (cheaper than going to court) and then pay them some expenses money "to get a house" after signing and giving the children to you. If possible take a solicitor along as a Witness. Once the children are living with you the parents will think twice about removing them as they probably dont want the responsibility anyway. Hard situations call for hard solutions especially when children are at risk.
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Old Apr 29th 2016, 9:10 am   #33
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Default Re: Grandparents Family Court Custody Order?

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There is only one thing drug addicts are famous for - wanting money!!!! If it was me and in your situation I would get some legal advice on getting the parents to sign a "hand me over" document thats legally binding (cheaper than going to court) and then pay them some expenses money "to get a house" after signing and giving the children to you. If possible take a solicitor along as a Witness. Once the children are living with you the parents will think twice about removing them as they probably dont want the responsibility anyway. Hard situations call for hard solutions especially when children are at risk.
Finding the parents is the first problem, and I wouldn't be giving them a dodgy sixpence. These parents aren't worth being called parents (sorry Cresta, but.....) As said in the first post....
Quote:
Originally Posted by cresta57
We've had them living with us and enrolled in school since the week before Easter [with the mothers consent] until some sh1t stirring arsehole told the father we were going to claim his child benefit payments[a bare faced lie]. A parenting plan won't work as he can't even comply with the terms of a DVO
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No way will they hand over those kids without proper enforced court orders.
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Old Apr 30th 2016, 12:21 am   #34
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Default Re: Grandparents Family Court Custody Order?

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Originally Posted by googley2 View Post
There is only one thing drug addicts are famous for - wanting money!!!! If it was me and in your situation I would get some legal advice on getting the parents to sign a "hand me over" document thats legally binding (cheaper than going to court) and then pay them some expenses money "to get a house" after signing and giving the children to you. If possible take a solicitor along as a Witness. Once the children are living with you the parents will think twice about removing them as they probably dont want the responsibility anyway. Hard situations call for hard solutions especially when children are at risk.
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Finding the parents is the first problem, and I wouldn't be giving them a dodgy sixpence. These parents aren't worth being called parents (sorry Cresta, but.....) As said in the first post....

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No way will they hand over those kids without proper enforced court orders.
Yes that's exactly the problem, no matter what we do they [he] sees the kids as his cash cow. Child payments form part of his payments for drugs & alcohol. One simply can't drink bourbon for breakfast without it. They will get legal representation for free Deb & I work so as in yesterdays visit to the solicitors they almost salivate, while rubbing their hands together, at the prospect of dragging this out until one or both of us has to sell a kidney to pay for it.
On a side note it appears as though in an attempt to distance themselves as a couple [so that they can claim two payments from Centrelink] our daughter has put us down on most documents as her next of kin. Housing Commission rang to inform us of the eviction, yesterday Centrelink rang to say her benefits had been stopped as they could not contact her [or him] to investigate claims that they have lived together for the last 12 years.
They have always lived together as far as I'm aware so I expect they owe quite a large sum to Centerlink as well.
Other companies have rung asking for her but refusing to say who they are or what their business is. The standard response from us is "if you find them please let us know"
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Old Apr 30th 2016, 7:34 am   #35
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Default Re: Grandparents Family Court Custody Order?

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Yes that's exactly the problem, no matter what we do they [he] sees the kids as his cash cow. Child payments form part of his payments for drugs & alcohol. One simply can't drink bourbon for breakfast without it. They will get legal representation for free Deb & I work so as in yesterdays visit to the solicitors they almost salivate, while rubbing their hands together, at the prospect of dragging this out until one or both of us has to sell a kidney to pay for it.
On a side note it appears as though in an attempt to distance themselves as a couple [so that they can claim two payments from Centrelink] our daughter has put us down on most documents as her next of kin. Housing Commission rang to inform us of the eviction, yesterday Centrelink rang to say her benefits had been stopped as they could not contact her [or him] to investigate claims that they have lived together for the last 12 years.
They have always lived together as far as I'm aware so I expect they owe quite a large sum to Centerlink as well.
Other companies have rung asking for her but refusing to say who they are or what their business is. The standard response from us is "if you find them please let us know"
Sounds like when she turns up has will have quite a bit to srt out then, Centrelink won't let that one go in a hurry - which could be good from the kids point of view.
Having said that, someone has to track them down first. If they've moved though, he'll need to set up a new drug chain, hopefully he will tread on the toes of someone nasty!

You guys really don't deserve this krap, I'm feel so sorry for you - and for those kids.
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Old Apr 30th 2016, 10:30 am   #36
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Default Re: Grandparents Family Court Custody Order?

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The standard response from us is "if you find them please let us know"
If Centrelink payments have stopped, what are the chances of them rocking up at yours again to see what they can get?
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Old Apr 30th 2016, 10:55 am   #37
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Lightbulb Re: Grandparents Family Court Custody Order?

Wow....what a mess. I feel so sorry for you, your wife and those poor grandchildren. Thank goodness they having loving grandparents doing their best to try and secure a happy, healthy and safe future for them.

What about their other grandparents? Are they also concerned about the children?

I am thinking that perhaps you should have a meeting with your local Member of Parliament, perhaps he or she may have some influence with all the agencies and school. (When I was in the Civil Service in the UK, all letters or phone calls from MPs were dealt with as a top priority and with the utmost urgency).

Keeping my fingers crossed
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Old May 1st 2016, 5:06 am   #38
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Default Re: Grandparents Family Court Custody Order?

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Has anyone had to apply to family court for custody of their grandchildren?
Any advice on any aspect would be welcome i.e legal aid, cost, can I pay later or by installments, specialist solicitors etc. Approx time frame being most important at the moment.
I've spent hours on the phone to DoCS in qld & facs in NSW and am making no/very slow progress. Both parents drug addicts: pot, crystal meth, crack, father with DVO's against him granted March 30th yet still living together in breach of the dvo. Father abusing children smacking so hard welts are left and child misses school to avoid "unwanted questions" Children only attended school for 59 days last school year yet school failed to escalate the matter. Children 10 & 6 caught smoking pot via a bong they stole from dad. They are currently homeless after being evicted from their house & living on a bedroom floor at their local drug dealers house. Neither will submit to a voluntary drug test and apparently can't be made to [NSW]
Sadly all this is not enough for police or docs to act upon in NSW which is where they have run away to after breaking into our home and ransacking it at the weekend. They [DoCS] advise us to employ a solicitor and apply to the family court for custody.
If we remove the children ourselves we face prosecution if police decide the parents are "not off their faces on drugs" i.e the children are not in immediate danger.
All this despite the parents being known to Tenterfield Police and that drug dealing is suspected at the property. They won't even do a welfare check because they did one 5 weeks ago and the kids were fed and clothed.

If they were in QLD the kids would be safe as I type as police/docs already have enough evidence for an emergency protection order.
Going out of my mind with worry and willing to go to jail to protect them but can't do so from a cell. No hit men please I need to do this legally and through correct channels to make it count
I haven't slept since Monday night when all this came to light.

PM if you don't want to tell the forum. I'm way past that stage

P.S Because they are homeless child safety services can't act unless they have a fixed address, Tenterfield police won't act because there's only our word against theirs, I think they think we're crying wolf. They have done a drive by and know where they are but won't inform facs.
We've had them living with us and enrolled in school since the week before Easter [with the mothers consent] until some sh1t stirring arsehole told the father we were going to claim his child benefit payments[a bare faced lie]. A parenting plan won't work as he can't even comply with the terms of a DVO
I'm so sorry to read of the horrific circumstances you and your family are having to deal with.

There is one part of the NSW Child Protection Act that you "might" be able to utilise. If you had an emergency protection order made in Queensland, I'm wondering if you could enforce it under this part - I may be clutching at straws but perhaps it's worth looking into.
Chapter 71 - Grounds for care orders

(1) The Children’s Court may make a care order in relation to a child or
young person if it is satisfied that the child or young person is in need
of care and protection for any reason including, without limitation, any
of the following:
(g) the child or young person is subject to a care and protection order of another State or Territory that is not being complied with
71A Effect of conduct outside New South Wales
For the purposes of this Act, it does not matter whether the conduct
constituting a reason for the purposes of section 71 occurred wholly or
partly outside the State.
In my personal opinion, the school (teacher / headteacher) should be making a mandatory report as the children are at significant risk of harm.

http://sdm.community.nsw.gov.au/mrg/...ary?user=guest

You also have the right to make a complaint to the Director.

I really hope that you manage to find a way to rescue your grandchildren.

{hugs}
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Old May 1st 2016, 10:58 am   #39
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Default Re: Grandparents Family Court Custody Order?

Just read this and my heart goes out to you.

So many people involved who had the opportunity to save the children from their horrible life and yet they all seem to have failed due to the legal system, confidentiality etc.

I really do hope that you are able to rescue your grandchildren and give them a safe and happy future.

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Old May 1st 2016, 3:24 pm   #40
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Default Re: Grandparents Family Court Custody Order?

Looking at the guidelines for mandatory reporting, I would say that Siouxie has hit the nail on the head there, the school should, under those guidelines have made a mandatory report under at least one of the several possible areas of concern. If you believe they have failed to make a notification, given those guidelines, then definitely complain to the local Director of Education. If that doesn't work, then escalate up the Departmental ladder.
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Old May 1st 2016, 7:34 pm   #41
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Default Re: Grandparents Family Court Custody Order?

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Looking at the guidelines for mandatory reporting, I would say that Siouxie has hit the nail on the head there, the school should, under those guidelines have made a mandatory report under at least one of the several possible areas of concern. If you believe they have failed to make a notification, given those guidelines, then definitely complain to the local Director of Education. If that doesn't work, then escalate up the Departmental ladder.
And if necessary all the way to the Minister.

Minster's offices HAVE to respond to communications from the public, especially when its a topic like this. And their demands down the line for information HAVE to be given priority by staff.
So I'd be looking at the Ministers responsible in NSW, plus your own MP in Qld.
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Old May 1st 2016, 7:59 pm   #42
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And if necessary all the way to the Minister.

Minster's offices HAVE to respond to communications from the public, especially when its a topic like this. And their demands down the line for information HAVE to be given priority by staff.
So I'd be looking at the Ministers responsible in NSW, plus your own MP in Qld.
To pick up on point I made earlier... A Ministry might well be more inclined to get involved if it's some member of The Press that's making the enquiries - never mind how Mickey Mouse the local newspaper is; all papers have contacts in the big cities.
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Old May 1st 2016, 8:01 pm   #43
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To pick up on point I made earlier... A Ministry might well be more inclined to get involved if it's some member of The Press that's making the enquiries - never mind how Mickey Mouse the local newspaper is; all papers have contacts in the big cities.
I was thinking the same. Getting the press involved may also be he quickest way to get something done. That would certainly be my first port of call now.
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Old May 1st 2016, 10:33 pm   #44
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Default Re: Grandparents Family Court Custody Order?

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To pick up on point I made earlier... A Ministry might well be more inclined to get involved if it's some member of The Press that's making the enquiries - never mind how Mickey Mouse the local newspaper is; all papers have contacts in the big cities.
Yes, if the press are involved it will get more notice, but a Minister & an MP are bound to respond to enquiries from members of the public. Trust me, I spend a lot of time doing the research for replies, and if the info isn't forthcoming quickly then the Min's Office are down on us like a ton of bricks - and rightly so.

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Old May 1st 2016, 10:36 pm   #45
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Default Re: Grandparents Family Court Custody Order?

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Yes, if the press are involved it will get more notice, but a Minister & an MP are bound to respond to enquiries from members of the public. Trust me, I spend a lot of time doing the research for replies, and if the info isn't forthcoming quickly then the Min's Office are down on us like a ton of bricks - and rightly so.
They are more likely to 'pull their finger out' if the press are involved.
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