QLD Grandparents rights to grandchildren..

[carla999]

Hi, first time poster here. My "father" is threatening me with grandparents rights because I have denied him access to see my children. I say "father" in quotations because he isn't actually listed on my birth certificate (he never signed it). Does he have any rights?
Any information or advice is highly appreciated.
Thanks in advance!

 

[Atticus]

My "father" is threatening me with grandparents rights because I have denied him access to see my children. ........... Does he have any rights?

A grandparent (like a parent) has the right to apply for court orders that will allocate time to see a child if access is being withheld. How successful that would be depends on circumstances.

The important questions in your case are

1) how old are the children?
2) What kind of a relationship has the GP's & children had up until access was denied?
3)Why access is being denied?

 

[carla999]

A grandparent (like a parent) has the right to apply for court orders that will allocate time to see a child if access is being withheld. How successful that would be depends on circumstances.

The important questions in your case are

1) how old are the children?
2) What kind of a relationship has the GP's & children had up until access was denied?
3)Why access is being denied?

1) The children are 2 & 4.
2) He has seen then about 5 time in their whole lives but has had no contact since 2019. Also has made no effort to get in contact since 2019 until a week ago.
3) Access is being denied because he’s emotionally abusive, manipulative, involved in drugs and just an overall nasty person..

 

[Atticus]

Before an application for orders can be filed there are pre action procedures that must be followed.... That is, mediation. So the GP would need to approach an accredited mediation service, who will in turn contact you & invite you to mediation in an attempt to resolve the issues & enter into some agreement about visits.

If you decline to attend, or if mediation fails, then a section 60I certificate will be issued. That certificate will then allow the GP to file for orders.

Can't really comment on likelihood of success if it were to go to court.

 

[carla999]

Thanks so much for the information. You've been a great help.