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WA Does Husband's Estranged Mother have Grandparents Rights to Grandchild?

Discussion in 'Family Law Forum' started by Amy-Lee93, 5 August 2015.

  1. Amy-Lee93

    Amy-Lee93 Member

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    Hi there,

    My husband's mother is seeking mediation and court ordered access to our son. Long story but the short version is we are estranged from her and have been for 2 years. Our son is 1 and she has NEVER been part of his life and after certain things she has said we do not want her to be.

    My legal question is this: If my husband and I are still married, have no contact with her and she has never been in our sons life, does she have any legal grandparents rights to him?

    I know if my husband and I were divorced that she would be able to gain access to him, but if we've disowned her can she be doing this to us?

    I don't see why someone that threatened to "Show me what it feels like to lose a son" should be allowed visitation rights with said child, despite trying to convince my husband that he "Probably won't even be your son anyway".

    FRUSTRATED, STRESSED AND ANXIETY ATTACKS ARE TAKING OVER!
     
  2. Sophea

    Sophea Well-Known Member

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  3. Amy-Lee93

    Amy-Lee93 Member

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  4. AllForHer

    AllForHer Well-Known Member

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    Mm, that blog post is a bit unclear. While grandparents don't have any rights to spend time with the kids (and neither do parents, as a matter of interest), kids have a right to know, spend time and communicate with both parents and other people relevant to their care (including grandparents and other relatives) on a regular basis (section 60B of the Family Law Act 1975).

    However, if the court were to hear this matter, the grandmother would need to prove that she is a person 'concerned with the care, welfare or development' of the child in order to have parenting orders considered. If there's no existing relationship, this might be hard to achieve.

    I really suggest legal advice for this matter. It's not often the court will make orders for time between a child and the grandparents unless the child has, for example, spent a lot of time with, or living with the grandparents already. Usually, it's just a matter of 'That the grandparents spend time with the child at times as agreed between the parties'.

    Anyway, hope this helps.
     
    Sophea likes this.

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