QLD Grandchild Wants to Live with Grandparents

[David Lewis]

Hi, our 11 year old grandson has expressed a wish to live with us, his grandparents, due to an abusive step-father. If his mother refuses to let him come to us, what should we do (grandparents rights)?

 

[Victoria S]

Hi @David Lewis,
Have a look at these previous LawAnswers Family Law Forum threads related to grandparents' rights:

• "Do grandparents have rights to their grandchildren under Family Law?".
• "Do family members have any rights towards anothers children?".

So if you read the information in those threads, it seems that the child would stay with the mother, unless you think that the mother is abusive/incompetent to look after the child's best interests, then you could apply for a parenting order to put forward your case of why its in the child's best interests to live with you (the child's wishes may be taken into account as one of many factors).

Legal Aid Qld also sets out some good information in relation to "parenting orders".

Hope that helps.