QLD Grandparent Rights - Legal Letter from Lawyer?

[Cathy Greenslade]

Does a letter from a lawyer (regarding grandparents rights in relation to custody of children) need to be registered with the family court to be legal under family law?

 

[Sophea]

Hi Cathy,

Generally a letter or an agreement regarding family law matters will be unenforceable unless they are registered or approved by the court. Whose lawyer drafted it? And what type of rights does it prescribe?

 

[Cathy Greenslade]

Does a letter from a lawyer (regarding grandparents rights in relation to grandchildren) need to be registered with the Court to be legal?

The lawyer is [Moderator redacted - Identifying information]. She didn't mention to us about taking it to the court house. We have been trying to stop the grandchildren going to Darwin to live with their father. He has the eldest (12) there now. but she doesn't like it. She is coming down for Christmas but has to go back to start high school unless we can do something about the letter.

 

[Cathy Greenslade]

The lawyer is [Moderator redacted - Identifying information]. She didn't mention to us about taking it to the court house. We have been trying to stop the grandchildren going to Darwin to live with their father. He has the eldest (12) there now. but she doesn't like it. She is coming down for Christmas but has to go back to start high school unless we can do something about the letter.

Roughly how much would it cost to register letter and what is the time frame from when we first got letter.

 

[Sophea]

Sorry, the facts aren't entirely clear. I gather from what you have stated that you have a letter from your lawyer? That states that you and grandparents have certain rights in relation to the child? Is the letter confirming an agreement between the parties regarding your rights? Who is the letter addressed to? And who does the lawyer act for?

If the letter doesn't reflect an agreement between the parties then it cannot be registered with the court. In order something to be enforceable by the court - the court needs to have made the orders themselves (i.e. on application by you for orders) or else the orders must have been made by the consent of the parties.

 

[Cathy Greenslade]

Sorry, the facts aren't entirely clear. I gather from what you have stated that you have a letter from your lawyer? That states that you and grandparents have certain rights in relation to the child? Is the letter confirming an agreement between the parties regarding your rights? Who is the letter addressed to? And who does the lawyer act for?

If the letter doesn't reflect an agreement between the parties then it cannot be registered with the court. In order something to be enforceable by the court - the court needs to have made the orders themselves (i.e. on application by you for orders) or else the orders must have been made by the consent of the parties.

The letter is made out to the father of the children. It states that the children are not to leave the state to go with him. His name is on their birth certificates but he doesn't pay child support.