QLD Custody of Children - Duty of Care with Visitation?

[Shanelle]

Hi there, I am a grandmother to a 2 & 1/2 year old grandson. I went to visit my daughter & grandson today noticing he had flea bites all over his legs from visiting his father. His father has his dog inside all the time & is not a very clean tidy man, & despite our plea to not let his father have visitation at his home, he was awarded it by the judge anyway in family court orders. My daughter lives on her own with no pets, and keeps a well maintained home. As a concern for my grandson's welfare I'm wondering if anyone has any advice, or what his fathers duty of care would have to be for my grandsons visitation.
Thank you

 

[AllForHer]

I understand it must be a frustrating situation, however I would advise some chamomile lotion and some acceptance of the fact that the child's time with the father is the child's time with the father because what you've described here as a reason to stop "visitation" (which is not a term used by the court anymore) will never hold up in court. In fact, it may even backfire on you as a demonstration of the maternal grandparents not supporting the relationship between father and child, which has cost mothers residency of their children before.

Parenting matters are not a competition of which parent is better or has the cleaner home or the nicer lifestyle. It's exclusively about what's best for the child and the first considerations legally is the benefit to the child of having a relationship with each parent. A pattern of violence, severe denigration and ignorance of the child's emotional needs will convince a court to stop visitation, but flea bites won't, especially as the suggestion that they came from his father's house is conjecture, not evidence.

Sorry of this is blunt - I like to keep people aware of how their own actions can be detrimental to their plight.

 

[hlly]

I would agree with AllForHer.

With respect to your question about the father's duty of care: parents do not owe a duty of care to their children by virtue of their status as parents. That is true at least insofar as 'duty of care' is a specific legal term with respect to the tort of negligence. Parents are required by the criminal law to care for their children.

 

[Sophea]

Further to the above comments, it is unlikely a court would decide that some conjecture over flea bites or allegations over keeping a dog inside the home is reason to deprive a child of access and visitation with a biological parent. Ultimately this can result in much great psychological impacts longterm.

Also have a look at some of the previous LawAnswers Family Law Forum threads that relate to Grandparents Rights.

 

[Shanelle]

Thank you so much for your advice, it is very frustrating as a grandmother to see my grandson scratching his legs to the point where he has sores and bleeding from these bites, from a home with flea infestation. Its just a shame that its not considered by family law that its not in the best interest of the child to be in these living conditions. I will just suggest to my daughter to douse my grandson in aeroguard before visiting.