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www.raisinggrandchildren.com.au |
Legal Issues“We had watched our daughter battle her addiction for years. We had tried to help her – tried to help the kids. When the last boyfriend moved in and the children were living with yet another man who was angry and abusive we just couldn’t watch any more. We took the children and said we would bring them back when he moved out and she got help. That was five years ago – he moved out, she’s getting some help and the children are still with us. They are settled – and she is starting to relate to them again, but there’s a long way to go.” Legal matters surrounding life as a grandparent raising grandchildren can be complex and confusing. Even if your family has an amicable agreement regarding the children’s care it is advisable to seek legal advice about parental rights and responsibilities. The advice you get may be enough to help you decide if you can resolve your legal problem without a lawyer or you may wish to pursue legal action and ensure the arrangements you have are legally recognised.
5. How do I legalise our family arrangement?6. How do I apply for Legal Aid?7. Which courts make decisions about children?8. Who are Court Mediators and what do they do?9. Where do you find Indigenous Legal Services?10. Who can help families with a member in prison?1. Where do I go for legal information and advice?For free confidential telephone information and referral:
For free confidential advice:
For legal representation:
2. Where do I go if I am concerned about the children’s safety and wellbeing?Telephone the DOCS Helpline tel 132 111 If DOCS needs to protect the children they will remove them from their parents and take formal action through the Children’s Court. The Children’s Court may make an order allocating parental responsibility of the child to the Minister or another suitable person including a grandparent or other relative. It is the responsibility of DOCS to make sure the child will be cared for in the most suitable environment. 3. What does it mean when DOCS have parental responsibility for the children?When parental responsibility of the child has been allocated to the Minister this means that DOCS are responsible for ensuring a safe environment for the child but the day to day care has been allocated to someone else – often the grandparents. The children are considered to be ‘in care’ and you are classified as an ‘Authorised Relative Carer’. DOCS will advise you as to your rights and responsibilities. 4. Do I have to take legal action to have custody of my grandchild?Families can make their own arrangements regarding the care of children – often referred to as an ‘informal arrangement’ - without going to court. However, it is advisable to have a written agreement in place (a ‘consent order’) which will help clarify your arrangement within the family and can assist if any problems should arise regarding decisions to be made for the children.
You can also contact the Family Court nbsp;tel 1300 352 000 or your local court registry. Family mediation is available through the Family Law Court and other mediation services if it is difficult to reach an amicable arrangement with the children’s parents. Telephone Relationships Australia tel 1300 364 277 and the federal government’s new Family Relationship Centres. Phone the Family Relationship Advice Line tel 1800 050 321. 5. How do I legalise our family arrangement?You and your family can register your ‘consent order’ through the Family Court or the Federal Magistrates Court. You do not have to attend court to do this however you may be required to attend a mediation session to ensure your arrangement has been settled agreeably. There are no fees for registering your consent order or for attending a mediation session with a court counsellor. For more information click here If you are unable to reach an agreement with the parents then you can apply to the Family Court for a Parenting Order/s. The court will set out orders regarding where the child will live, who will have contact with the child and various parental responsibilities such as education, health care and discipline. For more on Parenting Orders click here For a Parenting Plan Guide which includes information about extended family and links to templates click here For information on compulsory dispute resolution click here 6. How do I apply for Legal Aid?You can apply for a grant of Legal Aid through Legal Aid NSW Online tel 1300 366 611 While Legal Aid advice is free (one session) Legal Aid representation in court is means tested. Most people pay a financial contribution based on the assessment of their income. 7. Which courts make decisions about children?There are three courts in NSW that deal with issues regarding children, parental responsibility and family matters: - Local Courts
The Family Law Hotline and LawAccess NSW can direct you to the court nearest you. Local Courts are state courts that can make decisions over family law matters and child care proceedings amongst other things. The Children’s Courts hear any proceedings involving child protection undertaken by DOCS. Any dispute that you have with the children’s parents may start in the local courts but if it is contested it will move to the Federal Magistrates Court or the Family Court. The Federal Magistrates Court handles less complex family law matters. Staff can advise you regarding forms, fees and procedures and if your case is likely to go over more than two days they will refer the matter to the Family Law Court. The Family Court of Australia will deal with a grandparent’s application for the children to live with them or to have regular access with them. The courts will assist families to resolve issues outside of court wherever possible. This might be done through information or mediation sessions in which a parenting plan is drawn up and a ‘consent order’ registered with the court. If mediation is not successful grandparents can apply for a Parental Order through the court. If the application is not contested this can happen quickly – if the parents oppose the application a hearing must take place. 8. Who are Court Mediators and what do they do?Court Mediators are social workers and psychologists trained in family disputes, conflict and resolution. Their role is to help family members reach an agreement about parenting and other arrangements regarding the children. They can write Family Assessment Reports for the Court where disputes occur. Fees - there is no fee charged for a mediation session. 9. Where do you find Indigenous Legal Services?Aborigines and Torres Strait Islanders Legal services are available through: Kamilaroi Aboriginal Legal Service
Indigeneous Women’s Services These services are available through the Women’s Legal Services NSW and are staffed by Aboriginal women. They offer free services including: - Assistance in finding a lawyer
This toll-free line is staffed by Aboriginal women, and is open:
Women's Legal Services NSW receives valuable feedback from the Aboriginal Women's Consultation Group (AWCG), to ensure that all services are delivered in a respectful and culturally appropriate manner. Welfare Rights Centre (NSW) Welfare Rights Centre (NSW) is a community legal centre specialising in social security law. The centre provides advice and representation on Social Security matters. It is entirely independent of Centrelink. tel 02 9211 5300 or fax: 02 9211 5268 10. Who can help families with a member in prison?The Community Restorative Centre (CRC) is a community organisation that has been working with prisoners, ex-prisoners and their families for more than 55 years. Services include family support, Court Support volunteers in most Sydney metro Courts and low-cost transport to country Correctional Centres for visitors. There is also a support group for women, that meets weekly on Fridays from 10am – 12pm at Woodville Community Services in Villawood. Free resources and information are available to the friends and families of prisoners and these can be posted to you. tel (02) 9288 8700 or go to www.crcnsw.org.au for more information. |
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