LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Family Law - Can Grandparents Take My Daughter?

Discussion in 'Family Law Forum' started by Marcus delaney, 1 April 2016.

Tags:
  1. Marcus delaney

    Joined:
    1 April 2016
    Messages:
    3
    Likes Received:
    0
    Are my daughter's grandparents able to take my daughter away from me under Family Law?
     
  2. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,064
    Likes Received:
    126
    Maybe.. But you need to provide more info. If they think the kid is at risk with you, then the answer is definitely.
     
  3. Marcus delaney

    Joined:
    1 April 2016
    Messages:
    3
    Likes Received:
    0
    No, me and my child get along really well. My child's mother has mental issues and is unable to look after my daughter full time. So now my ex-partner's parents just think that they are going to take over the full time care of my daughter, when my daughter, I think, should be with me.
     
  4. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    The Family Law Act 1975 doesn't really identify one family entity as 'more important' or as 'having more rights' than another, so on the books, it would be legally inaccurate to state 'The Court favours the biological parents over the grandparents', but section 60B indicates that children have rights, and most of those rights pertain primarily to parents, rather than grandparents. Further to that, the Court must make orders it determines to be in the child's best interests, considered in line with section 60CC, which holds it's ordinarily in a child's best interests to enjoy a meaningful relationship with both parents.

    Thus, on the books, it doesn't specifically state that a parental carer is preferred over any other type of carer, but in practice, it's generally accepted that where a parent poses no risk to a child and a meaningful relationships exists, or is capable of being developed, then it will usually uphold that it's in a child's best interests to reside with a parent over a grandparent.

    Do you have care of your daughter already?
     
  5. Marcus delaney

    Joined:
    1 April 2016
    Messages:
    3
    Likes Received:
    0
    Only every second weekend, and on some school holidays.
     
  6. sammy01

    sammy01 Well-Known Member

    Joined:
    27 September 2015
    Messages:
    1,064
    Likes Received:
    126
    You're not giving us much to go on here. Why is the kid living with the grandparents? Why not with you? Where is the mum? How did this situation arise? What sort of access do you want? What have you tried so far? How long has this situation been going on?
     
  7. babyfirst

    babyfirst Well-Known Member

    Joined:
    25 March 2016
    Messages:
    21
    Likes Received:
    1
    I was packing myself over the same thing few years ago. My partner has mental health issues and a prescription drug addiction and can't care for our child. When it became obvious, my partner's mother wanted our child to live with her.

    I went to get legal advice first. The lawyer said, "No chance. If she ever refused you from picking up your daughter, just call the police and explain that nutty grandma won't give her grandchild back. Most of the police would simply hand the child over to the Dad unless orders are in place for the grandma to have child.

    I would get in quick. If she's been staying for a while, less chance of getting her back. If she's only been doing this for a few weeks, I would just arrive there and say you're picking up your daughter. If she says no, tell her you're calling police. If that doesn't work, call them."

    I managed to stop through simply making it difficult for her to have her. Nanny would always be booked on days she planned to take her.

    After few months she realised if she was going to keep trying to take our child away, she wouldn't be getting to see her at all.

    I now have a good relationship with my partner's mother and I take our child to see her regularly. I just needed her to understand that just because my partner isn't of sound mind doesn't mean our child is up for grabs. It means I'm primary carer and decision maker no one else.
     
  8. babyfirst

    babyfirst Well-Known Member

    Joined:
    25 March 2016
    Messages:
    21
    Likes Received:
    1
    This situation is common. Some maternal grandmothers seem to think parenting defaults to them if their daughter can't parent the child.

    Our babysitter said the same thing happened to her family. Her mother passed away when she was toddler. The grandmother tried to take her - her Dad refused. When the grandma wouldn't give up - started making false allegations to DCP (DOCS) about her Dad. He simply moved not passing on details to her grandparents.

    Resulted in a sour grandma not seeing her anymore and she didn't get anywhere with silly allegations and attempts to get visitation through courts. That was long time ago also - when there was a lot less validation of father's parental rights

    Nowadays you have more on your side. See a lawyer and get in there - now's your chance to become primary carer if you think this is best for your child. As long as you're stable and able to utilise day care if you're working and you have good relationship with your child, of course, they will be better off with you.

    How would they feel growing up not living with either parent? What would their friends think if they are living with grandma? It will affect them mentally and socially and stability-wise as the grandparent will most likely kick the bucket while child is still in their teens.

    Bad idea for kids to be full time parented by grandparents unless both parents are unable to.
     
  9. Kmacmumma

    Kmacmumma Active Member

    Joined:
    8 April 2016
    Messages:
    11
    Likes Received:
    0
    I've been worried about the same thing. My ex's mother mainly cares for the children when it's his care time, and has been interfering since day dot. I'm very careful with her because I know that grandparents can also apply for orders. In saying that, the children have a right to have a relationship with their grandparents, but the grandparents do not have to right to do as they please.
     

Share This Page

Loading...