NSW Grandparents Rights to Visitation?

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CathL

Well-Known Member
19 April 2014
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AllForHer

Well-Known Member
23 July 2014
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Grandparents don't have rights under the Family Law Act 1975, only children have rights. Those rights are to know, spend time and communicate with both of their parents and other people relevant to their care on a regular basis, insofar as their best interests can be met. 'Other people relevant to their care' expressly includes grandparents, so if this were to appear before court, it wouldn't be *your* rights that you're asking the court to uphold, it would be *the child's* rights to spend time with you.

However, the fundamentals are correct. You must first attend mediation with the parents to try and reach agreement about when the child spends time with the grandparents. If agreement can't be reached, you will receive a s60i certificate enabling you to file an initiating application for parenting orders through the court.

Hope this helps.
 

denise taylor

Member
3 May 2015
3
1
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Grandparents don't have rights under the Family Law Act 1975, only children have rights. Those rights are to know, spend time and communicate with both of their parents and other people relevant to their care on a regular basis, insofar as their best interests can be met. 'Other people relevant to their care' expressly includes grandparents, so if this were to appear before court, it wouldn't be *your* rights that you're asking the court to uphold, it would be *the child's* rights to spend time with you.

However, the fundamentals are correct. You must first attend mediation with the parents to try and reach agreement about when the child spends time with the grandparents. If agreement can't be reached, you will receive a s60i certificate enabling you to file an initiating application for parenting orders through the court.

Hope this helps.
Thankyou, will find a legal aid solicitor, my grandson was with me for 6 of his 8 years and father came and took him.
 
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