Any information or opinion based on the contents of this post will greatly be appreciated beyond words! Below are a few facts that may help and guide your replies... I thank you for your time
1-There is no/has been family violence , child abuse or anything to suggesting neglect.
2- The children have lived and been cared by (full time )by the father and mother whilst living under the same roof.
3- The grandmother cared for the children while both parents were at work.
4- No previous issues regarding children until the recent sepration of the mother and father resulting in the father moving in with the grandmother.
5- Mother and father have maintained a healthy relationship & communication regarding the children.
6- The forms:
-initiating application was served by the grandmother she stated their was hearsay evidence of the mother moving to NZ with the children
For this reason she has been granted an
-exemption form which is excuses any parties mostly the parents the come to their own arrangements with/without the assistance of a DRP or mediation.
7- Grandmother served forms herself one of the forms must be served under special circumstances.
8- it is unclear the real reason behind these proceedings as the grandmother verbally re-assures that (“it’s not what it seems”)so no response on our behalf was submitted. but her actions of late have proven otherwise and now they are in a pickle.
If the now 1st and 2nd respondent (father and mother) to a form 1 initiating application (parenting order)filed by the (paternal grandmother) were not given any opportunity to sort out a parenting agreement regarding the children and the parenting order. Are they still able to do so? They are in full support of each other and would prefer not to someone drag their children through the court system.
The paternal grandmother has stated in her initiating application that she wants:
1. Equal parenting rights with mother/father
2. That the children live with the grandmother and spend time with the mother and father as agreed by her.
3. That the parents be restrained by injunction from removing the children
Her case information affidavit has many contradictions (ie) one question states that both the children live with her (false) and then on another question ticks boxes indicating 1 child lives with mother and 1 child lives with father.
When both of the children live with the mother and have done their entire lives. The father and mother have no issues with each other and have a healthy relationship/co parentship after a recent split.
The paternal grandmother has been very sneaky and manipulative during the process leading them to believe she would withdraw all proceedings once she saw an parenting arrangement/schedule between the father and mother showing stability, etc (but essentially would have them go between 3 households if her final sought orders were granted) their is voice recording of the meeting (unknowingly) were the grandmother sounds ok and accepting of this agreement...
Upon another recent meeting with the grandmother, father and mother. The grandmother has written up her own schedule regarding the children giving the mother the primary 1-day to see her children and herself 6 days as the father now lives with grandmother.
There both so confused and in need of help or advice legal aid cannot assist and the free consults never reveal any answers of help
1-There is no/has been family violence , child abuse or anything to suggesting neglect.
2- The children have lived and been cared by (full time )by the father and mother whilst living under the same roof.
3- The grandmother cared for the children while both parents were at work.
4- No previous issues regarding children until the recent sepration of the mother and father resulting in the father moving in with the grandmother.
5- Mother and father have maintained a healthy relationship & communication regarding the children.
6- The forms:
-initiating application was served by the grandmother she stated their was hearsay evidence of the mother moving to NZ with the children
For this reason she has been granted an
-exemption form which is excuses any parties mostly the parents the come to their own arrangements with/without the assistance of a DRP or mediation.
7- Grandmother served forms herself one of the forms must be served under special circumstances.
8- it is unclear the real reason behind these proceedings as the grandmother verbally re-assures that (“it’s not what it seems”)so no response on our behalf was submitted. but her actions of late have proven otherwise and now they are in a pickle.
If the now 1st and 2nd respondent (father and mother) to a form 1 initiating application (parenting order)filed by the (paternal grandmother) were not given any opportunity to sort out a parenting agreement regarding the children and the parenting order. Are they still able to do so? They are in full support of each other and would prefer not to someone drag their children through the court system.
The paternal grandmother has stated in her initiating application that she wants:
1. Equal parenting rights with mother/father
2. That the children live with the grandmother and spend time with the mother and father as agreed by her.
3. That the parents be restrained by injunction from removing the children
Her case information affidavit has many contradictions (ie) one question states that both the children live with her (false) and then on another question ticks boxes indicating 1 child lives with mother and 1 child lives with father.
When both of the children live with the mother and have done their entire lives. The father and mother have no issues with each other and have a healthy relationship/co parentship after a recent split.
The paternal grandmother has been very sneaky and manipulative during the process leading them to believe she would withdraw all proceedings once she saw an parenting arrangement/schedule between the father and mother showing stability, etc (but essentially would have them go between 3 households if her final sought orders were granted) their is voice recording of the meeting (unknowingly) were the grandmother sounds ok and accepting of this agreement...
Upon another recent meeting with the grandmother, father and mother. The grandmother has written up her own schedule regarding the children giving the mother the primary 1-day to see her children and herself 6 days as the father now lives with grandmother.
There both so confused and in need of help or advice legal aid cannot assist and the free consults never reveal any answers of help
