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QLD Child Safety and Drugs - Grandparents Rights?

Discussion in 'Family Law Forum' started by ConcernedGrandma, 3 June 2015.

  1. ConcernedGrandma

    3 June 2015
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    What, if any, recourse is available to grandparents to protect their grandchild's safety? Our son has his own legal advice regarding his daughter, however is there anything my husband and I are able to do as well? Do we have grandparents rights in relation to child safety?

    Close members of the child's mother's family (father and brother) are involved in the production/use/distribution of methamphetamine. Their partners and several close friends of the child's mother (and the mother herself) are marijuana users, and some are (or have in the recent past been) meth users. Our son believes his ex may have used meth again, as she has in the past. Our son knows without doubt that there were four people smoking marijuana at the home, when he arrived to collect his daughter. There is also a concern that her maternal grandmother and partner are alcoholics (at times aggressive/violent) and that our granddaughter is sometimes left in their care. She also often travels in a car driven by her maternal grandmother.

    I should add that there is not any illegal use or involvement of drugs by any member of our family.

    I would appreciate any suggestions as my husband and I are extremely concerned for our granddaughter's safety and wellbeing.
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    Under the Family Law Act 1975, only children have rights. Parents and grandparents have no rights in regards to their children/grandchildren.

    However, as a person significant to the child's care, you can pursue orders of your own by becoming a party to proceedings, but that would mean you are seeking your own orders to ensure the child's rights are upheld, such as orders around when the child spends time with you. It wouldn't be akin to supporting your son's case.

    I would say this is a matter best left to the father of the child. It's probably not wise to complicate matters by becoming a party to proceedings. Have you considered filing an affidavit supporting your son's case as a witness?
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