NSW Family Law - Can Dad Stop Me from Seeing Nan?

[Phoenixkalel]

I'm 17, turning 18 in August. Can my dad legally under family law stop me from seeing my nan?

She took me to a doctor and I was diagnosed with ADHD. We didn't tell him because he "doesn't believe in it" and we wanted to get a diagnosis first.

I told him tonight and now he doesn't want me seeing my nan anymore. He also said I can't take the medication while in his care...

Is any of this right?

 

[Lance]

Hi Phoenixkalel,

At your age, the court would likely follow your decision, unless your Dad presented evidence that contact with your Nan wasn't in your best interest, but even then you're almost an adult. Is there no way to reason with your Dad?

The fact of the matter is the court holds that a relationship (in most cases) is important for a child.

If you and your Nan have a read of the blog post below it might help. Your Nan can apply to the court to have access put into a parenting plan, but I really think you should speak to a lawyer first. Or you wait 7 months.

Once you are 18 your Dad can't stop you. I can't even get my 14 year old son to listen to me half the time, so I'm sure you will still see your Nan. I hope you can sort it out.

https://www.lawanswers.com.au/blog/grandparents-rights-a-quick-guide-on-access-to-grandchildren/

 

[MartyK]

As Lance said, you are 17 years of age, 18 in just a few months, so there is really very little your father can do to stop you from seeing your grandmother, legally.

If you live with your father however, he could make your life a little difficult if he is unwilling to acknowledge that you are almost an adult and able to make some decisions on your own. Try having another talk to him, perhaps, if you would be more comfortable, with a third person he might listen to present, who could act as a 'mediator' and assist his understanding.

Regarding the ADHD diagnosis. If you trust the doctor and diagnosis and the prescribed medication is assisting you to concentrate etc (especially for your senior studies if you are still at school), then continue seeking treatment from this doctor and taking the medication.

At your age you can apply for your own Medicare card. Your parents can not access details of medical treatment, without your consent and can only access information that you have seen a doctor.

 

[MartyK]

I should have also said. If you are presently taking any prescribed medication, that you should seek medical advice as to any dangers to you of skipping doses and/or weening yourself off any medication.