QLD Grandparents Rights?

[Beth Smith]

Hi,

Our son recently passed away. He has a 3 year old son with his former partner. His partner has not allowed us to see our grandson (despite numerous promises and requests). We found out today that her parents are actually trying to gain custody by claiming she is an unfit mother. They themselves are not a good influence and have stated quite clearly that they have no plans to help our grandson remember his Dad. I've researched but can find little information. Can someone please guide me to what out next step is? We just want to be able to regularly see him and have contact with him. Our grandson knows us, loves us and has spent nights with us (although they are now claiming that he doesn't even know who we are).

Any guidance is very much appreciated. Thank you.

 

[sammy01]

call relationships Australia and ask for an appointment. It won't cost a cent.
they wont help all that much, but it is the first step. After that, you will need to seek assistance through the courts. But the rights of grandparents are covered by family law.

 

[AllForHer]

I am sorry for your loss, my condolences go to you and your family. I sincerely hope that whatever happens, it will be in the best interests of your grandson.

Now, to your question.

Grandparents don't have rights, per se.

But children do.

Section 60B of the Family Law Act 1975 holds that except where it would be contrary to their best interests, children have a right to spend time on a regular basis with, and communicate on a regular basis with, both their parents and other people significant to their care, welfare and development (such as grandparents and other relatives).

So how do you ensure your grandson's rights are upheld? The first step is to contact either Legal Aid or Relationships Australia to organise a family dispute resolution conference with the mother, with the intention of coming to an agreement about a care arrangement that ensures the child can maintain a relationship with you.

In the event an agreement can't be reached or the conference doesn't go ahead, you can file for parenting orders through the Court.

If your son's former in-laws are seeking residency of the child, then it's likely they will commence proceedings of their own. If this is the case, you can most likely apply to be added as a party to the proceedings, rather than pursuing a matter of your own.

Document everything, though. Ensure you have records of each time you've asked to speak to or spend time with the child.

 

[Beth Smith]

Thank you so much. Do I mediate with his Mum or the other grandparents who apparently have been taking care of him but don't yet have custody or guardianship?

 

[sammy01]

Ask relationships australia to invite both. Are u in contact with the other grandparents?