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John Melis, Expert
Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.
Grandparents are entitled to apply for parenting orders pursuant to s 65C of the Family Law Act, which provides:
A parenting which also includes a grandparent may seek and order in relation to a child may be applied for by:
(a) either or both of the child's parents; or
(b) the child; or
(ba) a grandparent of the child; or
(c) any other person concerned with the care, welfare or development of the child.
Whilst grandparents specifically have standing to make an application under the Family Law Act, it does not automatically mean orders will be granted. As with any parenting order, the court will always consider an application by the grandparents through the prism of what is in the best interests of the child: s 60CC.
In relation to your important matter, the best solution to resolve your rights to visit your grandchildren is to utilise the services of the family relationship centre, or relationships Australia.
Both of these organisations will help you mediate and amicable solution with the parents thereby allowing you to spend time with your grandchildren.
The family relationship centre, or relationships Australia is a low cost solution that is nonlegal based and it does achieve successful outcomes, but can be lengthy process.
The alternative, is to commence proceedings in the family court, which unfortunately, can be lengthy and costly. However, at the end of the proceedings you will get a definite result as to your rights of visitation to your grandson.
Again, I do invite you to consider working with the family relationship centre, or relationships Australia, as these organisations are very good to mediate an outcome.
The following detail is on the family court and you may like to look at their website in regards ***** ***** particular process in dealing with the matter.
You have a right to see your grandson and it is just a matter of finding the right path that will work with the parents and yourself in reaching an amicable outcome.
You may also apply for a parenting order or modification to one under section 65C of the Family Law Act, where you are concerned with the care, welfare or development of the child.
For commencing an action in the family court.
You will need to commence an action in the Family Court.
It is recommended that you do use lawyer for this process.
You can run the case yourself
The application is on the following link:
This link is a do it yourself guide on the family court website.
When you seek orders you need to be very precise on the details.
Once you complete the application you file the same with the court and then serve the document on the other party.
There is a small court fee that you will also be required to pay for the process as well.
Thank you for reaching out today.
You have a legal right to protect your interests in this important situation.
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