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SA Family Law - Visitation Rights of Non-Parent?

Discussion in 'Family Law Forum' started by Kate333, 10 June 2015.

  1. Kate333

    Kate333 Member

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    I currently live with someone and her 4.5 year old daughter. I have lived with them for four years, and have been a parent to the child throughout this time. I taught her to walk, brush her teeth and hair, and I was the main person to teach her to use a toilet.

    The mother and I are not getting along well at the moment, and I am thinking of moving out. However, I am not sure if she will let me see the child often, and I do not want this, as I love the child like my own. Should the mother be uncooperative about me seeing the child, is there any legal action I can take under family law for getting visitation rights?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Were you and the mother in a relationship, or just living in the same house like housemates?
     
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  3. Kate333

    Kate333 Member

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    We were good friends and housemates. I am the child's godmother.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Under the Family Law Act 1975, people 'concerned with the child's care, welfare or development' can file for parenting orders enabling them to spend time with the child, but you'll first need to demonstrate to the court that you are a person concerned with the child's care, welfare or development. If successful, the court will then determine if it's appropriate to make parenting orders in the circumstances, and only then will the court consider whether the orders sought are in the child's best interests. Basically, there's a threshold test to be met before proceedings can really properly commence.

    There's no way of telling whether or not the court will deem the nexus of connection to the child sound enough to warrant parenting orders, but in my opinion, you'll probably experience challenges when it comes to considering whether or not parenting orders are appropriate. If the court were to facilitate parenting orders for every friend or housemate the mother meets as the child grows up, then it would be impossible to rule that orders have been made in the best interests of the child.

    In any case, you can file for parenting orders, but I just don't know how far you would get in proceedings.
     
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