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QLD Grandparents Rights to Visitation

Discussion in 'Family Law Forum' started by Kerri Frederiksen, 5 February 2015.

  1. Kerri Frederiksen

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    Hi,

    My son and his girlfriend split up awhile ago and they are constantly fighting. My daughter-in-law moved in December of last year without letting me or my son know where to. I know she lives in Kingaroy but not exactly where.

    I've asked her several times if I can see my grandson and she has made excuses after excuse saying she has no way to get him down to see me even though I've offered to drive up there. She hasn't let me see my grandson since his birthday in November and I am over not being able to see him. I know my grandson has a right to see me, but I don't know how to go about it or if I have grandparents rights.

    This girl said she felt guilty that she moved because she didn't tell me and that she thought I'd fight with my son in court to get custody of him ( custody of children) that's why she didn't tell me where she was living or when she'd moved.

    Please help me.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Well, first thing's first, you don't have rights to your grandson, but he does have rights to you. Under the Family Law Act 1975, your grandson has a right to spend time and communicate with people relevant to his care, welfare and development, which includes grandparents.

    Your first step is to bring the mother to family dispute resolution so that you might try and reach an outcome for this dispute outside of court. An outcome might be a parenting plan that stipulates when you (and your son) spend time and communicate with the child. Relationships Australia and Legal Aid both offer this service and will do the legwork tracking her down for you. If the mother doesn't respond or doesn't make a genuine effort to reach an agreement, you will receive a section 60I certificate that is needed before you can commence proceedings in court.

    Orders made by the court will always be made in the best interests of the child, which is outlined in Section 60CC of the Family Law Act.

    However, it sounds like you may never even make it to court if the mother has expressed a wish to avoid it. I would contact Legal Aid or Relationships Australia first to get the ball rolling on mediation.
     
    Worldly1 likes this.

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