Re: Arranging Legal Guardianship of Children
Asked by DarkenedAngel

Question:

To save everyone guessing or wasting time giving answers that are geographically useless, I live in far western outback NSW, Australia. I'm over 500kms from the nearest major city.

I have a

severe and chronic mental illness which effects me quite badly a lot of the time, and I have epilepsy. For just over week now I have been very unwell, so unwell that I couldn't look after myself properly let alone my children. My eldest boy has no father and my youngest one's father may as well not be - rather disappointed in him atm, sorry for expressing that here. I have no family that can help and I can't rely on the help of any friends that live here, but one.

That one very dear friend ended up taking my children into his care for the week for me. This worked well for us as my children already know and love him pretty much as if he was their father, even though he is just a friend. I'd trust him with my children even more than I'd trust myself to be honest.

The reality of my situation hit me hard this week. If something was to happen to me that left me unable to care for my children, be I dead or alive, there is no one else that could or would. Maybe my youngest boy's father might actually pull his finger out and do something about him if I was actually dead, but it still leaves my eldest boy with no one.

After talking at length with the father of my youngest son and the one dear friend I have here that is more than willing and able to take on my children at anytime I can't care for them for any reason, the decision has been made that we'd like my friend to have full legal guardianship of my kids, so that if ever I can't care for or make a decision in regards to them and their welfare, he can do so on my (and my children's) behalf; including being authorized to deal with doctors, schools, etc; for me if I ever can't - which would include even simple things like my mental illness getting the better of me and I can't take them to a doctor and approve of something medical for them on a particular day that it has to be done, and little things like that.

How do we go about arranging such a thing? I've tried phoning around and keep getting the wrong numbers, wrong departments, etc; and so far all I've managed to find out is that it's very frustrating to try and find out what I need to know and that it apparently has to go through the supreme court. I've come to the conclusion that when dealing with things like this, the answers that turn up in minti's Q&A section is usually more helpful than any govt dept anyway!

I'm on a disability pension, my friend is currently unemployed, and my youngest son's father is on a pension as well, so none of us have any money to pay huge legal fees to a lawyer or anyone else for that matter. But for the sake of the well-being and secure future of my children, this has to be done.

Who do we contact, where do we go for information about it, how do we apply for it, what would we likely be required to provide as evidence that we need this arranged (I've got a mental health record a mile long that clearly states I'm totally nuts if that helps any LOL), what could it cost, can any fees be wavered in our circumstances... there's a million questions and I don't expect all of them answered here, but any help or sound advice would be a good kick start to sorting this out.

Thanks in advance, DA

My Advice:

Hi there DA.  Wow!  So sorry to hear what youa re dealing with - my heart goes out to you.  I commend you for your forward thinking and ability to make the decisions that are in the best interests of your children; you are obviously a great Mum.

My parents are foster carers in NSW and currently have legal guardianship of two children (until they reach 18 eyars of age) who have been in their care since 1999.  I would suggest you contact your local child welfare organisation (in NSW it is DOCS - Department of Community Services) and ask them to help you.  Alternatively you could try emailing DOCS in NSW and asking them to put you onto the correct department in your area.

Your friend should have no problems being awarded guardianship, regardless of that he is on a pension.  What they look at is who can provide the best care and opportunities for children in situations like this, and his devotion to them and willingness to take them on will be a strong decider in any decisions made.  Also, you are "asking" for him to have guardianship awarded so your agreement with this arrangement will certainly be taken into consideration.  As guardian he will receive an allowance for the children that will not affect is pension.  If the children are indigenous or have any medical problems, this allowance may be slightly more in order to assist him with extra expenses.

I wish you all the best and please let me know how you go!  Sharon