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NSW Would Grandparents' Affidavit Strengthen My Case?

Discussion in 'Family Law Forum' started by Steve1905, 2 September 2016.

  1. Steve1905

    Steve1905 Well-Known Member

    21 November 2014
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    Hi All,

    Just a strategical question for family law. Would my case for my son to live with me be strengthened if the grandparents from both sides of the family started separate action to have my son spend time with them as well. Or can the grandparents join in on my action? The mother's father has already provided me with an affidavit supporting my son live with me.

    The background is my son was alienated for 8 months from everyone and I now have temporary orders for him to spend time with me every 2nd weekend and half the school holidays. The mother has moved away and refuses to let my son see the grandparents (or any family member).

    I do my best to share the time with all the grandparents but after travel every 2nd weekend the time spent with us is really 1 and a half days.

    Thanks in advance for your comments
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    These sorts of scenarios are kind of tricky to navigate.

    On the one hand, they probably would have grounds for joining as parties to proceedings in pursuit of parenting orders for the child to spend time with them. After all, the child has a legal right to have a relationship with them, and that right obviously isn't being upheld by the mother.

    On the other, it can also frustrate proceedings unnecessarily because the Court is now being asked to make orders for the child to spend time with two parents and four grandparents in some way that still reflects the best interests of the child. Making a workable schedule for that kind of arrangement is challenging, especially for the kids.

    This isn't legal advice and it's certainly not me telling you what direction you should choose to take, but if it were me, I would probably be less inclined to have them join as parties and instead utilise their affidavits to show that:
    • The child has built a positive relationship with the four grandparents and it is therefore in the child's best interests for those relationships to continue;
    • You've worked to ensure those relationships can continue by regularly taking the child to see the grandparents during the child's time with you;
    • The mother has shown an unwillingness to facilitate the child's relationship with his grandparents, contrary to the child's best interests; and
    • The child is therefore more likely to have his best interests met if he resides with you as he will be more supported in enjoying the relationships that he has built with his grandparents.
    In my view, having them join as parties basically shows the Court that the grandparents have a dispute not just with the mother, but also with you. You're better of bringing them before the Court as witnesses to support your case, since if you win residency, your son will probably spend a lot more time with them anyway.
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    Steve1905 likes this.

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