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QLD Family Law - Grandparents Rights to Raise Grandchildren - Where Do I Stand?

Discussion in 'Family Law Forum' started by Cassandra Goonan, 15 April 2016.

  1. Cassandra Goonan

    15 April 2016
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    Hi there,

    I have been caring for my 4 grandchildren since the 19th March 2016 as their mother was evicted from her current address and has nowhere to house the children. She asked me to look after them. She has been in a relationship with their father who is on drugs.

    I fear for the future of my grandchildren as she chooses him over the best interests of the children. The children were not and I feel in the future will not receive the proper care needed to return them to their mother if and when she finds housing.

    Where do I stand and what can I do under Family Law?
  2. sammy01

    sammy01 Well-Known Member

    27 September 2015
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    At present there isn't much you can / should do except take the kids to see a doctor and have your concerns reported. When the mum asks to pick them up to move them into the new home, you can refuse, but there is nothing stopping her from taking them...

    For the minute - just wait. Once you've had them in your care for 5-6 months then you have some history behind you and from there you could look at seeking court orders to remain their primary carer.

    Can I ask... is that what you want? BTW how old are the kids?

    Have they expressed an opinion?
  3. Hope this helps

    Hope this helps Well-Known Member

    26 March 2016
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    As Sammy01 states, there is little you can do at the moment except keep a documented diary of what occurs regarding your daughters times she spends with her boyfriend and leaves you with the children.

    How do you know the boyfriend is on drugs? If so, why have you not reported this to police without giving your name? Is your daughter a drug user? The children are safe with you. Is your daughter also staying with you or is she mainly staying at her boyfriends place?

    Your daughter has entrusted you with her children whilst she finds a place to house her family and herself. Unless you factually know the mother is a drug user. Factually know the boyfriend is a drug user. Know for sure your daughter will move in with this new boyfriend and take her children with her, where the children will be subjected to drug users then there is nothing you can do.

    As sammy01 stated, what ages are the children? What is their opinion? I am sure they live their mother and you as well but it would be a shame to start saying anything in front of the children regarding their mother, or voicing your concerns regarding the mothers choice in a new man based on no evidence. Children are sensitive and no one but their own mother can ever replace her. Be the loving and caring grandparent but unless you have evidence the boyfriend is a drug user or your daughter is for that matter. The children deserve a stress free pleasant environment.

    Freely loving their mother ( and father if around) including yourself without burdens of und actual matters concerning those who are family to them based on suspicion rather than evidence. Best interest of the children is - their opinion as sammy01 asked if they have one and what they wish. However agree with sammy01 - too soon.

    Let things ride out and your daughter find her feet. Sounds like you are enjoying looking after your children. And she hasn't found a place nor moved the children out of your home!

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