I see things like recovery orders mentioned here but they may be totally inappropriate depending of the alleged abuse.
Given that the alleged "inappropriate behavior" is of sexual nature then it is highly likely that the father needs to make application under the Magellan process.
I had a similar case where the mother went so far as to cause sexual injury to her daughter to fabricate evidence for which the father was charged in the criminal courts.
There was also involvement from the child protective services such as DoCS or whatever it is called in your state.
This father now has full custody of the children however this is not an outcome that is in any way simple to achieve.
They call this the "nuclear bomb" of family court proceedings for good reason.
These cases involve much more than your average Family Court proceedings and a good knowledge of the interaction of various state and federal government departments and courts is almost essential.
I have this knowledge with the exception of the specific legislation of the DoCS ACT in your state but I can download and read this anyway.
Please also let me know privately, just how secure the SRL section is and how far you go to validate members. These cases contain the most sensitive of information.
I am quite happy to provide documentation to validate my history and intentions/motivations however I really do not want to discuss such sensitive issues in an environment that may be monitored by anyone who may have ill intent.
QLD Psychologists Board tries to hose down acceptance of Parental Alienation:
PA and PAS are totally different.
PA is an acronym for Parental Alienation and PAS is an acronym for Parental Alienation Syndrome. It is easy to see why they are confused.
Parental Alienation (PA) is a catch phrase to explain a situation where one parent alienates the other parent from the child's association. This is an understood and accepted situation that is recognized by the FCA.
Alignment seems to be a new term that is being used because there is so much confusion between PA and PAS.
PAS (as far as I am aware) is registered into the American DSM IV making it a diagnosable psychological condition that appears not to be accepted in the FCA.
PAS is a condition of the child as a result of the parents behavior. PA is descriptor of the parents behavior only.
When I hear a very young child say such things as "I don't like daddy because he does not pay enough money to mum", I can only believe that the condition described as PAS does exist in some situations.
I do however agree that if the FCA does not accept PAS as a diagnosed condition then it should be presented as a collection symptoms.
For example - the [parent]'s denigration of the [other parent] has resulted in the child falsely believing that the [other parent] is deficient in [his/her] parenting role and is now reluctant to have association with [other parent].
These things are very harmful to children so don't be afraid to raise the issue. Just don't use the term PAS and remember PA is accepted.
If you want to rely on statistics, then you have to be able to back it up. I completely understand the Operation Centurion situation does not help mens causes at all and I completely understand you wanting to refute that. It's a nasty business all round.
This is the Family Law Web Guide, members here are not simply males or females. They are mothers and fathers.
Although we may have compassion for those who are subjected to a miscarriage of justice, we have absolutely no compassion whatsoever for people that engage in child sexual abuse or child pornography.
Operation Centurion helps all parents. I doubt you would find a parent that doesn't want their children protected from pedophiles. And if you did the I suggest that you are failing your social responsibilities by not reporting them.
What rights does a biological mother have regarding seeing her child?:
OK, I am new here and I don't know how to use this forum as well as others obviously do.
While a lot of the above is good advice, the information relating to courts is inaccurate."]
with all due respect, you need to read the posts more accurately, "may" does not imply the only option, and thus in fact accurate.
monoro is obviously referring to his post -
from what you have posted, your partner being the biological mother has every right to see her child. from the first of july, family dispute resolution will be your first port of call - the ATTORNEY GENERALS ORDERS, see how you go if that fails then family court may be your only option.
However in reality my original comment related to -
If your partner has not done so already, she should consider writing a letter to the parents explaining the long term stability she has had in her life and outlining a stepped up visitation regime. This is not really necessary for the child, given that she is 8, but more for the grandparents, to get used to not having her so much in their lives. Keep a copy.
If this is not responded to, or has no effect, then mediation is the next step in the process.
This would occur at a family relationships centre. The first 4 hours are free.
Failing this, the next step is court. There is a lot to know before you enter the court process. This site can help. <snip>
The reason I made this comment is that there is an assumption here that the current order is a Family Court order.
Family relationship centers do not provide services for parents when the child is in the custody of the state under state welfare legislation.
In any case the outcome of ANY counseling cannot effect any change to the current contact arrangements should the existing order be issued under state legislation.
Furthermore, should the current order be issued under state legislation, the federal Family Court has jurisdiction to act whatsoever.
See Family Law ACT 1975 (as amended) section 69ck -
FAMILY LAW ACT 1975 - SECT 69ZK Child welfare laws not affected
(1) A court having jurisdiction under this Act must not make an order under this Act (other than an order under Division 7) in relation to a child who is under the care (however described) of a person under a child welfare law unless:
(a) the order is expressed to come into effect when the child ceases to be under that care; or
(b) the order is made in proceedings relating to the child in respect of the institution or continuation of which the written consent of a child welfare officer of the relevant State or Territory has been obtained.
(2) Nothing in this Act, and no decree under this Act, affects:
(a) the jurisdiction of a court, or the power of an authority, under a child welfare law to make an order, or to take any other action, by which a child is placed under the care (however described) of a person under a child welfare law; or
(3) If it appears to a court having jurisdiction under this Act that another court or an authority proposes to make an order, or to take any other action, of the kind referred to in paragraph (2)(a) in relation to a child, the first‑mentioned court may adjourn any proceedings before it that relate to the child.
Having mentioned the above, I stand by my original statement.
I was in way intending to degrade any person or the advice that they may have offered.
To be honest, I find myself in a defensive position for the fact that I offered advice.
This world is too large for me to have to be defensive. There are so many other places I can be.
It is not in my nature to wish ill intent. Please accept this.
What rights does a biological mother have regarding seeing her child?:
I now know that you are in Victoria. The next step for me is to identify under what jurisdiction an order was issued.
If it was issued under state child welfare legislation then you need to approach them and the grandparents will have very little to do with the process.
It may be an custody order issued under state legislation that does not involve child welfare.
It could also have been issued by the federal Family Court.
The grandparents may be responding to the fear of the child being taken from them so they may well do all they can to limit access in the hope that your partner will give up.
It is better to get strong assessment of your situation before approaching the grandparents. But do this quickly.
If an order exists then you will find it at the Family Court or the Magistrates Court closest to where the Grand Parents live.
Your partner is entitled to a copy of this order although a fee of $20 - $30 may be charged. If you find the order then ask for a copy of the "Affidavit of Service" filed for the proceedings from which the order was drawn.
If you can copy and paste the order here then I (and others) will offer advice on how to go about improving the situation.
Please replace any names with [mother] [paternal grandmother] [child] etc. This may be a legal requirement!
Your partner has a good chance if it is not state welfare legislation. The biggest obstacle will be to reach an outcome that is mutualy acceptable without long and protracted proceedings.
In general, the law is more likely to place a child with biological parent(s) unless there are safety or abuse issues.
The opposition before you is -
Abandonment. This is a very strong point normally but given that your partner was only 15 at the time, this is far less an issue.
The "Status quo". The courts are not going to suddenly change the child's world by placing the child with your partner. The options are the establishment of significant contact or a transitional change of care.
It would seem that you partner simply wants significant contact in an warm and unmonitored environment.
Personally (just my opinion), as the child has spent most of his/her life with the grandparents, a complete change of custody would be inappropriate unless it was done very gradually AND the grandparents were fully assisting. The latter is not likely.
If the grand parents are hostile to change then they most likely have the resources to make things very difficult. It would be better to assess the overall situation so that decisions can be made without anyone feeling threatened.
I see that the mum is now about 23, the child 8 and I assume you are 27.
I am a 43 year old single father of two with quite some experience with these issues.
Once I know what ACT of legislation (law) that the order was issued under then I can download that ACT and read it. I live in Queensland so state law is different here, however Family Court law is the same across Australia.