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

[Loz]

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.

 

[sammy01]

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

 

[JS79]

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