You can get legal advice before attending a FGC and you can ask for the opportunity to get advice before you sign any agreement reached in the FGC. Legal Aid provides a duty service at all specialist Children’s Courts in NSW, which include, Broadmeadow, Woy Woy, Surry Hills, Parramatta, Campbelltown and Port Kembla and at the Sydney, Parramatta and Newcastle Federal Circuit Courts. “My children have never had a chance to see me for me. Legal Aid NSW has accredited dispute resolution practitioners.
The Family Law Act acknowledges the importance of children having a relationship with their grandparents.
I was really powerless over this man. My mental health was pretty bad so I couldn’t really look after the children while I was with him. Please enable Cookies and reload the page. “Then my car blew up. You may be a grandparent who is concerned about your grandchild’s safety or well-being.
COTA NSW has information and resources on their website for grandparents raising their grandchildren.
It can take more than 12 months from the date you apply to the Court for final orders to be made, depending on the complexity of the case. Most separating parents can agree about who the children will live with, spend time with and communicate with and about other aspects of the children’s lives (such as where they will go to school, holidays, medical treatment and so on).
For example, the parents may have agreed that you will care for the children, or they may have come to live with you because their parents were not in a position to care for them. Free legal advice is available at Legal Aid offices across NSW. It’s time for FACS to stop skirting around the issue of liability. Provides free legal advice and assistance for older people in a range of areas of law. “I went to rehab.
I want to have some opportunity to even have a conversation with them, to give them a sense of who I am and how I feel about them as their mother, their Aboriginal mother.
However, no one, including a grandparent with a genuine concern about the welfare of their grandchild, is automatically entitled to be joined as a party. Staff from Facs, she says, came back and took the children again. This process is automatic. The Court can also require the parties to continue to try to resolve the dispute themselves.
Legal Aid NSW is a government-funded agency that provides a range of legal services to disadvantaged people, and representation in some cases to those who cannot afford a private lawyer. They can also refer you to other dispute resolution services. FACS is the NSW Government child protection agency. You should get legal advice about this. Where do the women and children go?”, • In Australia, the crisis support service Lifeline is on 13 11 14 and the national family violence counselling service is on 1800 737 732. “I didn’t have a clue about my rights back then, I could have probably done something, but [Facs] went to court and I wasn’t there. Child Support - If you provide care for your grandchild for at least 35% of the time you may be able to receive child support from the child’s parents. They weren’t hearing me, they were more concerned with the placement being stable than with them having a relationship with their living parent.”. Grandparents can sometimes get involved when FACS makes decisions about children and in some cases may be able to have the children placed in their care.
FACS then removed her other 3 children 3 days before the birth of the baby despite no present risk of harm. The Children and Young Persons (Care and Protection) Act is the law that applies in New South Wales when the Department of Family and Community Services (FACS), thinks it is necessary to intervene to protect a child or young person from neglect or abuse.
Orders made in the Children’s Court can be registered in the Family Court and can be enforced as though an order of the Family Court. It can also happen if you have been the primary carer for your grandchildren and the children’s parent returns to take the children back into their care. You can get further information about Court processes, forms, publications and Do-It-Yourself kits on the Family Court website and the Federal Circuit of Australia website.
You (or any other person concerned with the care, welfare or development of the child) may be able to apply to the Court for orders that the child lives with you. FACS will first ask the Children’s Court to make short term orders. “My family didn’t know what to do. For example, your grandchild may have been placed in your care by a Parenting Order made by the Family Court, through the Children’s Court or through the involvement of FACS.
It can help you if you need to prove parentage in order to obtain a child support assessment or if you have other questions about child support. They were reported to the New South Wales Department of Family and Community Services (Facs) and the children were sent to temporary care. A Parenting Order can be an order that you can spend time with or communicate with the child. Facs however are trying to get police involved to charge us with negligence of our son.
“I’ve done a lot of healing work on myself to overcome the trauma and the past problems I had. Some days I think I should just leave it all behind because I’m just tormenting myself, and then I talk to people who understand and that gives me a bit of hope. The lawyer will give you advice and assistance in the dispute resolution process and help you explore options for settlement.
I didn’t get support for the trauma I’d experienced from their father. Your legal questions answered, Family cross examination of parties scheme.
Grandparents are specifically mentioned in the Family Law Act as being able to apply to a court for orders to do with their grandchildren.
However Court proceedings can be complex and confusing and it is still a good idea to get legal advice about what you should do and how you should prepare your case. You can report your concerns to FACS by calling the Child Protection Helpline on 132 111. You can do this whether the parents of the children are together or separated. If the mediation is successful the agreement about the time you are to spend with your grandchild can be written up in a Parenting Plan or Consent Orders, which can then be lodged with the Court. If there are already court orders in place that state that the children are to live with you and the parents wish to have the children back with them, they will need to go back to Court to apply to have the orders varied. Supported Care Allowance – A change to FACS policy took effect on 01 December 2016 that changed the way children/young people enter supported out of home care (OOHC). The last time she had any contact with them was December 2016 but it’s been four years since she saw them all together.
If you want to care for your grandchild you should speak with FACS as soon as possible and be at Court when the matter is first listed. Do you need support or legal help with your family law problem?
If you experience difficulties on the new website, you’ll need to contact the relevant helpdesk for the website. Barbara says she feels invisible “as an Aboriginal mother who has survived the trauma and continued to try and come up with solutions to fix the problem created by the system”.
“I can’t give up on my children, I know it’s the right thing to do and I don’t ever want them to think I would abandon them or don’t care or love them like a mother does. He went to rehab, but he left. This will clarify the arrangement and help if there are any disputes down the track about the care of the children.
This information is intended as a general guide to the law.
You may be a grandparent who is caring for or raising your grandchildren.
To be eligible for legal aid, you must satisfy Legal Aid NSW’s policies and guidelines; meet a means test (income and assets) and a merit test (you must have reasonable prospects of success).
That person has he legal authority to make decision about the child. Facs had started a restoration process on 25th january and we have attended a court clinical assessment that concluded immediate restoration.
“I moved into women’s housing and Facs pretty much gave my kids back to me overnight with no support. This means that there is a lawyer at the court able to provide you with advice, or refer you for advice on the day your matter is in court. Care and protection law is state law and in NSW matters are heard in the Children’s Court.
But for some reason I thought their dad wouldn’t get well, and I thought I have to stay alive because one day my kids will come looking for their parents. You can also claim a separate foster child Health Care Card from the Family Assistance Office for your grandchild if you are caring for a child through an informal or formal foster care arrangement. To be joined as a party you must be able to demonstrate a genuine concern for the safety, welfare and wellbeing of the child.
I was oppressed by violence and trauma.
If you are eligible for legal aid (see ‘How can Legal Aid NSW help me?’ below) you can get assistance from either a lawyer employed by Legal Aid NSW or from a private lawyer.
How was I supposed to look after my children?”. “My four youngest have been in care for six years,” she says.
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