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VIC Partner's Son Terminally Ill - Son's De Facto Partner Refusing Access?

Discussion in 'Family Law Forum' started by AckeR, 5 March 2016.

  1. AckeR

    AckeR Member

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    Hello,

    My partner's 40+ year old son is terminally ill with cancer. His treatment is now in the palliative stage. He is living in his house with his de facto partner/wife (wed in Vegas a year ago, not sure if this marriage is recognised in Australia).

    Not wanting to include too much possibly legally irrelevant information but to set the scene, my partner gave them their space, as they (she) wanted until recently when, due to a failing health, her son was unable to drive himself to treatment and struggled to care for himself. At this point, my partner stepped in and started going to his house to care for him while his wife was at work. She would only stay to care for him when he was alone and would leave when the wife would get home.

    Just recently, the wife returned home drunk at 9pm-10pm, and after checking that the patient was asleep, she launched a verbal attack, asking why my partner was always there. Lots of threats and swearing was involved and my partner was told to f-off and has been told that it's the wife's house and she isn't allowed in there to see her son anymore.

    It was always obvious that my partner's presence was not welcome, however, it seemed given the circumstances, the wife accepted she would be there more often. However, it seems she has waited for a time where the patient is unaware of his surroundings to start treating his mother this way.

    Since the incident, the wife hasn't changed her stance and thinks she's justified and within her rights doing this.

    Where does my partner stand legally under Family Law? Can a de facto or wife deny a parent from seeing their adult son?

    We believe she has a power of attorney.

    What options are available? My partner just wants to ensure she can see her son and that he is properly looked after before he passes away.

    Appreciate any help.

    Thanks.
     
  2. sammy01

    sammy01 Well-Known Member

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    I am so sorry for your situation.

    I don't see any legal avenues and even if there were, I reckon you're dealing with a timeframe that means you would not get to court in time.
     
  3. AckeR

    AckeR Member

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    Thanks.

    I had suspected this might be the case, that even if there is a legal avenue, time would run out.
     
  4. sammy01

    sammy01 Well-Known Member

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    I am so sorry. I can't imagine. I can only think that the best you can do is ask the wife.

    Kindest regards
     

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