Legal Question in Family Law in Australia

Re: Rights

Hi there

It is impossible to give you any specific advice without having a lot more detail and probably the opportunity to do a little investigation into the matter.

But I will give you some general pointers.

Of itself, being a god-mother does not carry any legal rights here. But if you are closely related to the child that may help in any future decisions or orders about where the child will live, with many many if, buts and maybes.....

First, the fact that the child is living with you is important, although it has only been for 7 months. How did that happen? Was the mother concerned about her safety or did a court intervene??? Do you have contact orders??? How did these access arrangements come about? Are they offical? The answer to these questions will have a bearing on any advice you get.

Second, the Family Court is unlikely to make orders that remove any rights of natural parents (residence or contact) without some serious proof of extreme danger and risk to the child. Even if this is proven, the Court, a child's representative and relevant government officers (childrens services)are likely to get involved and try to work out a way for the child to remain safe but to keep the family together where possible (or at least one parent). They will also look at long term development of relationships between the family and foster-carers are sometimes involved - at least for a short time.

So this is all fairly complicated but the important thing to keep in mind is that the legislation focusses on the "best interests of the child" and there are many criteria and factors that the court will look at in trying to determine this (including where the child has been living and for how long - residence is also about consistent home life).

I am restricted in the number of words I am able to write here (I just lost the first reply I wrote because it was too long). So I will have to cut this short but I want to recommend two things as a priority.

1. Work with the mother first, if you can, to find alternatives that are in the daughters interests and hers. Relationship coaches, counsellors, domestic violence centres or mediators can help with this.

2. Seek detailed advice from a practitioner near you (Legal Aid will help if a child is at risk - at least with some initial advice). They can also give you the Family Law Guide which is a free and comprehensive guide, and other useful literature.

Hope that helped.

Jacki