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VIC How to Get Custody of Children from Grandparents under Family Law?

Discussion in 'Family Law Forum' started by Loz, 26 October 2015.

  1. Loz

    Loz Member

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    My partner's daughter (2 1/2 years old) has been with his ex's parents. When he split with his ex, he didn't know that she had given her over to them. Fast forward 2 years and he wants to get custody of children as he is in a better place. We are unsure on how to go about it through Family Law. :(
     
  2. sammy01

    sammy01 Well-Known Member

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    Hi,

    So firstly, can he contact them directly try to negotiate / discuss?
    If that won't work then contact Relationships Australia and organise mediation. That is the first step. That will not cost much money at all and hopefully will get a result, even if it is just an agreement about him seeing the kids. I hope that works for you....

    If not, then sadly, the only option is court and all the mess that comes with that. But the good news is this, only about 3% of cases get resolved through court. Mostly people sort it through mediation.

    I hope this helps.

    Cheers
     
  3. JS79

    JS79 Well-Known Member

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    Hi,
    I have found three articles to help you with your situation.

    The first is an article so your partner to know his rights pursuant to the Family Law Act :
    The Family Law Act 1975 - How Does It Impact Your Family? - Legal Blog - LawAnswers.com.au

    Another article is regarding grandparents rights so you know what rights the grandparents have as she has been living with them:
    Grandparents Rights? A Quick Guide on Access to Grandchildren - Legal Blog - LawAnswers.com.au

    The last article is in regards to mediation which your partner would need to attend as per the Family Law Act:
    Family Law Mediation - Have You Considered It? - Legal Blog - LawAnswers.com.au

    After reading this and after attempting mediation to come to some arrangement with the grandparents, if he still has no luck he would need to look at engaging a lawyer specialising in family law. See Get Connected with the Right Lawyer for You
     

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