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NSW Family Law - Guardian Refusing Contact with Grandmother?

Discussion in 'Family Law Forum' started by sgc_wilson, 29 August 2016.

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  1. sgc_wilson

    sgc_wilson Member

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    Hi,

    Separated from us due to my mother's death and having been raised by my step father, I have recently, after yes of searching, located a care nurse who knows our grandmother. I'm told our grandmother has a guardian but they refuse to give me any details.

    I've attempted several contacts and am told my grandmother's guardian does not want us to contact. What do we do under Family Law?

    We have a chance to know her and someone who is not related is stopping us.
     
  2. Lance

    Lance Well-Known Member

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    Hi, unless the guardian perceives you to be a danger to your grandmother (and from your message above you don't sound like you are) they should not be stopping you from contact. They could well think they are working in the best interests of your grandmother.

    The Guardianship Act 1987 which I assume the guardian has been appointed is managed by the Guardianship Division of the NSW Civil & administrative tribunal (NCAT). There may be provision through NCAT to apply to amend the guardianship orders to ensure you have visitation and access. I'm assuming that they could set up some sort of consent orders, similar to parenting orders that ensure children see both parents.

    They also review enduring guardianship appointments so if they are doing the wrong thing this can be considered. In the first instance it might be worth talking to NCAT to see what they suggest. Their details are here: Contact NCAT Guardianship Division

    I'm sorry I can't be of more help, but I hope that give you somewhere to start looking.
     
  3. sammy01

    sammy01 Well-Known Member

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    Do you know the whereabouts of granny? Anything about her health?

    If know where she resides, go knock on the door and introduce yourself. I fail to see how you'd be perceived of breaking any laws. If you go down the avenue of court it could take years and frankly, if granny has a guardian, then she may well no longer with us by the time the courts get around to it.

    Go visit your grandma.
     

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