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## Single Father Seeking Advice on Custody Situation
Hey everyone, I just wanted to start off by saying that I am a single father who is mentally stable and committed to the well-being of my 2-year-old daughter. Unfortunately, her mother has struggled with mental health issues, leading to multiple hospitalizations for drug-induced psychosis over the past two years.

## Legal Situation and Concerns
As a result of the challenges with my daughter’s mother, we have signed a private parenting plan, rather than obtaining a formal parenting order. This plan places my daughter in the care of her maternal grandparents, who are currently planning to relocate her to Victoria. However, I have learned that the private parenting plan may not hold up as legally binding.

## Personal Progress and Considerations
Despite these challenges, I have worked hard to establish a stable career, obtain my own car and driver’s license, and provide a comfortable lifestyle for my daughter. I am actively involved in her life and feel confident in my ability to care for her on my own.

## Seeking Guidance from AI Legalese Decoder
In this complex legal and emotional situation, I am considering taking action to bring my daughter into my care. I am wondering if AI Legalese Decoder can help me understand the potential legal implications of such a decision and provide guidance on the best course of action.

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9 Comments

  • Wonderful-Self-

    No legal advice but definitely do not just grab your daughter and remove her, you will traumatise her. Her grandparents are her primary carers, they have given her stability and a place to call home. I’m sure it’s painful for you but to your daughter they are her core people. If you take her from them you will rock her world and cause long term emotional damage. Get legal advice but try your best so that any separation from them is done slowly and carefully.

  • wombles_wombat

    Grabbing your daughter and running is what happens. Without orders in place, more thrn a few parents do go through with the kidnapping and run method.

    Technically, if there aren’t any orders in place, custody is about who has ‘possession’.

    Leaves you open to the mother filing to recover contact, which will take awhile. And if she can’t find you, she can’t serve court documents on you.

    But it’s a dog act, cause the kids will grow up and still want contact with their mum. And what are ya gunna tell the in the future.

  • HoboNutz

    Doing that is almost certainly a terrible idea. Get some legal advice asap dude.

    Your story doesn’t make a lot of sense – you’ve explained why your ex isn’t necessarily in a position to parent your daughter, but you haven’t explained why the maternal grandparents suddenly aren’t capable of caring for your daughter since the parenting plan was done.

    – WA family lawyer.

  • aus-bigdaddy

    Sounds like you’ve gotten yourself into a stable position in life and are capable and willing to care for your child. If there are no court orders in place I’d be talking to a lawyer first but ultimately if the mother doesn’t want to care for the child and is incapable and you have evidence of that, I’d be going the full custody route.

    Also who the F are the grandparents to lecture you the biological father on where they want to move YOUR child. Stuff that.

    Honestly I’d be taking to the child asap and telling them exactly that tell ‘em ‘Thanks for your help the last 12 months, it’s much appreciated, I know what you guys have done for her and cared for her but I have decided to take MY child and care for her independently’ your not asking btw your telling.
    Talk to a lawyer first to understands your fights so they don’t try to pin some dodgy kidnapping charges on you, but if they don’t have legal custody of the child then tell them to jump.

    They can’t lecture you on where your child will be moving! perhaps they should be taking care of there own daughter, sounds like she needs help.

  • Ok-Departure2176

    For more context, I moved away shortly after the birth after my ex partner ruined my reputation in the town we lived in to the point where I was being threatened at my place of work, I almost got stabbed, so I moved for the sake that I could see my daughter again, a year later I moved back because I couldn’t stand not being with my daughter anymore, furthermore, for the past 2 years, I’ve consistently paid them $200 a week for the first year of her life after I moved away, and now that I’m in the area of her and visit her every second day, I pay $100 a week, I’m a solid and stable staple to my daughters life, while they dumb her down with practically all day tablet use, can’t keep up with her antics and parent her in a way that doesn’t sit well with me, I pay for every expense on top of the $100 while also living a decent life myself.

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  • Heris11

    There’s no shortcuts to this, you’re going to have to seek specific legal advice asap.

  • Fun-Wheel-1505

    Have you asked the grandparents if they are happy for her to come live with you ?

  • Electronic-Fun1168

    Please for your own sake, speak to a solicitor!

    In saying that, without a court order – you have every right not to return your daughter to her mother or maternal grandparents. But be prepared for the grandparents to seek a recovery order.