WA Custody of Children - Grandson Residing with Stepmum?

[Rhonda Lee59]

Can someone please help me?

I am the maternal grandma. My 13-year-old grandson has resided with his father and stepmum since he was about 2 years old. I have always been in his life, albeit to the stepmum's moods et. My daughter had had access every 2nd weekend and half holidays.

18 months ago, my daughter walked away from her 3 children due to drugs. 13-year-old boy stayed with dad and stepmum, and I have his 6-year-old sister every second weeknd and half holidays (she lives with her paternal grandparents). They used to see each other, with me at these times, but now the father of my 13-year-old grandson and the stepmum have separated and he is now residing with her and she has ceased contact between my grandson, my 6 yr old granddaughter and myself, saying it is her time with him and she will not give it up.

The Father is ok with me having contact as long as she agrees. Please what are her rights to do this and having my grandson live with her? Would iI be able to apply to for guardianship as he no longer resides with his father?

These kids need to see each other.

 

[sammy01]

Call Relationships Australia and ask them to sort mediation between you and step-mum - and possibly the father... If that doesn't work then court is your next option.

 

[Rhonda Lee59]

Thank-you Sammy01. I'm already going through relationships Australia and he is of course ignoring it so looks like another court battle for me. I am currently going through with 6 yr old, about to begin the mediation stage for 4 yr old sibling and was unsure what my rights are for 13 yr old due to him living with his stepmum. So court it is.

 

[sammy01]

So the law does protect the rights of extended family and anyone else who has had a significant relationship with the children. So step mum has similar rights to grandma...

Sadly, yep, if you can't get an agreement then it is court.

 

[Rhonda Lee59]

Unfortunately all 3 siblings have different fathers and reside in different houses. Makes this whole situation so much harder. I thought as my daughter was given shared custody and the magistrate at the time told stepmum it was none of her business and relationships Australia do not allow parents into mediation that maybe both paternal and maternal parents are breaching their orders and i could apply to be his legal guardian.

Their games and lack of interest in doing what is best for the children totally horrifies me..

 

[Rhonda Lee59]

Sorry that should be, do not allow step parents

 

[Carmel Torney]

Hi Rhonda
Your situation sounds quite complex but one consideration for the court is that the siblings have contact with each other and know each other.

Your post was unclear what you're after in regards to your 6 year old and 4 year old grandchildren.

I would strongly recommend you obtain legal advice specific to your situation.

Any response provided is information only and should not be considered legal advice. You should obtain legal advice specific to your circumstances before making important decisions.

 

[Rhonda Lee59]

Hi Carmel

Yes it is very complex. Their Mother, my daughter, had the 3 children: boy aged 13, he has resided with his father since 2yrs, I have always been involved in his life and had him every second weekend and half school holidays while his mother was away. When she returned, custody was sorted in court and then I would spend a lot of time with him during his access with mum.

Then 2yrs ago, his mother left again, the dad and the stepmum allowed me to see him nearly every fortnight when I had his sister or his mum was visiting. The father and stepmum separated in July and my grandson is now living with his stepmum, as dad has to work and she has now stopped me and his little sister from having contact with him.

The father says we can but she just says no way.

The 6 yr old Girl is currently residing with her Paternal grandparents and I have ordered contact every fortnight and half school holidays. She has a court appointed Children's Lawyer and a Single Expert Witness assigned to her. We are coming up for a readiness trial in early next year. Her mother is not attending any Court hearings or doing anything that she is required do.

I was invited in in 2016 as the Intervener as I had an interest in the 6yr old. She was living with me before her paternal grandparents stepped in and took my daughter to court (she is an addict), as I didn't have guardianship and DCP hadn't been involved. I was told by legal aid that there was nothing I could do. I had to let the case between them play out and then apply for custody.

I didn't realise I could just let the magistrate know that my GD was living me and that she was safe and happy. Every weekend when I return her she still cries and begs not to go. Now she is crying for her brother as well.

The 13 yr old brother hasn't seen his 4 yr old sister for nearly a year and before that, only for a couple of hours , twice, he told me he was really angry about this. The 6yr old hasn't Seen her 4 yr old for about 2 months, facilitated by the Paternal Grandmother of each and then only for a couple of hours, and before that it had been nearly a yr also.

The 6 yr old has not seen her 13 yr old brother for nearly 3 months and her mother the same. She is crying because she misses them. I am currently trying to get these 3 together during my visitation as I am the common denominator, so to speak.

The father of the 2yr is willing to do mediation with me, so this can happen, but the father of the 13 yr old is leaving it all in the hands of the stepmum, even though she was told a very long time ago that this was none of her business, and in Relationships Australia, they do not allow the step parents in. I don't know how to proceed, I was told off hand that I should go pick The 13 yr old up from school and not return him, as his father is no longer filling his parental and guardian role and that the step mum has no legal role to him..

I need serious help on this. I don't know whether to apply, or if I can, for guardianship or just to keep it at family visitation with the 3 siblings together. I just know that this woman has been playing mind games and control since she entered his life and only stopped when my daughter returned. She is now doing it again.

I can't believe that none of them consider the children's needs. I believe they have a fundamental responsibility to ensure that they spend time together as a family unit. Please please help,

I am representing myself in all 3 cases as they all have different fathers and I only work part time. I'm exhausted but I won't give up..

 

[Karen mcguane]

Ronda lee. 59 my brother was in the same situation however Ronda his son came to Perth from Bunbury to live with him at 12 years at 12 they can decide for themselves you do not have to go back to court with the 13 year old it's legal for him to choose who he lives with