NSW Family Law - Grandparent's Access to Grandson for One Week?

[Yvonneolga]

Hello.

Our adopted son lives in NSW and is estranged from us. He will not answer the phone or an email. He and his wife have two children that I last saw over 2 years ago when I visited them. I would like to go to Sydney and spend a week with my grandson as I got on very well with him and love him a lot. I would have to stay in a hotel with him and take him out and I just want to be with him. I don't want to die and he will think that I didn't care about him. My granddaughter will not remember me as she was very young.

I am 72 and he is 7 and a half so I do worry about this.

I am in the UK so I cannot just turn up and hope.

Any help on Family Law would be gratefully received.

Thank you.

 

[AllForHer]

In theory, you can file an initiating application with the court seeking parenting orders, but in practice, I don't think you're going to have much luck getting what you're after unless you have agreement from the child's parents.

First, the court would need to be satisfied that you're a person concerned with the child's care, welfare or development. I think you will have difficulty meeting that standard because you haven't seen or spoken to the child in two years, and you live in the UK.

Second, the court can only make parenting orders that it determines is in the best interests of the child. I don't think the court will agree it's in a child's best interests to enter the care of a person who they hardly know for a period of a week straight. The parents may even cite concerns that the child won't be returned.

Third, it takes up to three years for a parenting matter to be heard end-to-end. It takes on average six to eight weeks for a first interim hearing. It also costs upwards of $20,000.

My suggestion is to organise a mediation conference with your adopted son to discuss spending time with the child while you are visiting. I'm not sure how long this takes for UK services, but in Australia it can take up to eight or 12 weeks.

 

[Yvonneolga]

In theory, you can file an initiating application with the court seeking parenting orders, but in practice, I don't think you're going to have much luck getting what you're after unless you have agreement from the child's parents.

First, the court would need to be satisfied that you're a person concerned with the child's care, welfare or development. I think you will have difficulty meeting that standard because you haven't seen or spoken to the child in two years, and you live in the UK.

Second, the court can only make parenting orders that it determines is in the best interests of the child. I don't think the court will agree it's in a child's best interests to enter the care of a person who they hardly know for a period of a week straight. The parents may even cite concerns that the child won't be returned.

Third, it takes up to three years for a parenting matter to be heard end-to-end. It takes on average six to eight weeks for a first interim hearing. It also costs upwards of $20,000.

My suggestion is to organise a mediation conference with your adopted son to discuss spending time with the child while you are visiting. I'm not sure how long this takes for UK services, but in Australia it can take up to eight or 12 weeks.

Thank you. I would only visit if I could see him as my son does not wish to see me. Thank you anyway.