custody of a nephew
I have a question. I've had care of my nephew for almost 8 years. He was 2 months old w hen he came into my care. My niece was 17, she couldn't cope and we offered to have him for 6 months, after 6 months she asked us to informally adopt him, she wrote a letter giving uslong term care. She wawants see him once a month but we don't think it's a good idea. What are our rights?
Dear Member,
The answer to your query is obviously not straightforward and can't be answered easily on this forum. However, to give you a general idea about some of the concepts to consider:
1. According to the law, decisions about children are based on their s "best interests", and not the rights, entitlements or wishes etc of a parent or any carer for the child.
2. Some of the relevant factors that determine a child's "best interests" include the benefit of having a meaningful relationship with a parent, and the need to protect a child from any harm such as neglect, abuse etc. There is a long list of further factors such as a child's wishes (especially as they reach maturity), the nature of the relationship between the child and their parents/significant carer, the capacity of those people to care for the child, and the impact of any change in circumstances on the child.
Without further information about these and similar factors it's not possible to give any meaningful advice about what you should/shouldn't do in relation to your niece's requests to spend time.
The other issue to consider is a process for dealing with your niece's requests, in the event you can't reach an agreement quickly. There are various ways to help resolve any dispute, such as mediation, collaboration, negotiation (with or without lawyers) or court proceedings.
Suggested way forward
If you require any further assistance please do not hesitate to contact me or make any appointment to see. These are my details:
http://www.fgd.com.au/who/family-lawyers-melbourne/daniel-myers/
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