Understanding Grandparents Rights QLD: What You Need to Know

grandparents rightsGrandparents Rights QLD

A relationship breakdown involving children not only affects the parents directly involved but often the extended family members such as grandparents. The Family Law Act 1975 (“the legislation”) supports the generally held view that children should be entitled to have a relationship with their grandparents.

Grand parents are becoming increasingly involved in child’s life on a regular basis while parents work. But what happens if the separation of their children leaves them excluded from their grandchild’s life?

Are Children are entitled to have a relationship with their Grandparents?

Grandparents can apply to the court for time with grandchildren. In fact, grandparents are specifically referred to in the legislation as people who may apply for orders to ‘spend time’ with children or to have children live with them.

The legislation describes that any person who is concerned with the care, welfare or development of a child, can apply to the Court for a parenting order.  That includes parents of the child, grandparents of the child, but also extends to social workers and representatives of Government departments concerning the child’s safety.

There is a lot of case law with respect to grandparents obtaining and spending time with children through the Court process.

The overriding principle in determining whether or not a Court will make an order in favour of a grandparent is the same process as determining what time a child will spend with each parent being for a parent that being what is in the child or children’s best interests. 

Can grandparents stop their children from excluding them from seeing their grandchildren?

In Australia, a Judge will only refuse a visitation or accommodation right if serious reasons justify it. This is the case in alcoholism, brutality, indecent assault or irresponsibility on the grandparents’ part. But sometimes, a critical conflict between parents and grandparents is considered when parents are against grandparents’ rights in Australia.

The Judge may believe that such a situation is detrimental to the child’s development and that it is preferable to end the relationship with his grandparent’s rights QLD. Get in touch with Gold Coast Family Lawyer to discuss about your rights.

Dispute Resolution Process

If you have been separated from your grandchildren after having previously enjoyed good relationships with them, then you are within your rights to firstly attend a dispute resolution process to recommence time with the children.

If that process is unsuccessful a Section 60I Certificate will be issued by the dispute resolution practitioner which allows you to commence proceedings in the Court seeking to recommence spending time with the grandchildren.

The Court will look at many different factors in determining what is in the child’s best interests. Some of those factors will be the time the children have previously spent with you as their grandparents, your relationship with them, the family situation, the reasons as to why there has been a breakdown in the relationship and the specific conduct of parents and grandparents and whether that conduct would pose any harm to the children.

MCG Legal has experience in filing applications  on behalf of grandparents in circumstances where parents have refused to allow the grandchildren to spend time with the grandparents in the case of divorce or the parent being deceased. We have been successful on each and every occasion.

Should you be experiencing a situation with you then we would advise you to urgently contact our office to discuss about Grandparents Rights QLD. Please contact us for a  free consultation to discuss your legal rights with a Family lawyer.

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