At what age can a child decide to live with his grandparents (mothers side), instead of living with his father and step

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Customer: At what age can a child decide to live with his grandparents (mothers side), instead of living with his father and step mother. Our daughter passed away when her son was 3 years old. His now step mother moved in with her son about 18 months later. Step mother and Father have very different opinions on raising a child, so our grandson gets disciplined for the slightest little thing, while his step brother runs roit in the household. Both boys are now 11 years old.
JA: What steps have the father and stepmother/the stepmother and the father taken? Have they filed any papers in family court?
Customer: Father and step mother are now married. They are not aware that I am making this enquiry on behalf of our grandson. We don't want to give in to our grandson, just see that the 2 children are treated equally.
JA: Family law varies by state. What state are they in?
Customer: Tasmania.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Not that I can think of.
Answered by John Melis in 6 mins 2 years ago
John Melis
10+ years of experience

79040 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

John Melis
79040 Satisfied customers
10+ years of experience
John Melis
10+ years of experience

79040 Satisfied customers




31,131 Satisfied customers

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John Melis, Expert

Hi, I’m John Melis, solicitor, and I am in Australia. I want to thank you for taking the time to speak with me today. Your question means a lot to me. If I were in your position, I would feel just as you do. I’m so glad you contacted us about your situation. I will give you a direction to consider moving forward. I know you’ve spent a lot of time on this already. Your patience here has been so important. If I understand you correctly I suggest the following:

Children can make the decision at 16 years of age. |

Grandparents are entitled to apply for parenting orders under s 65C of the Family Law Act, which provides:

Parenting also includes a grandparent.

Apply for orders of a child may occur:

(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.

You may start the process with mediation through relationships Australia.

The alternative is to commence proceedings in the family court.

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.

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.

I know it isn't easy to deal with issues like this, but you're handling it so well.

I can hear your concern and your voice, and if you follow the steps I've suggested above, it will give you a direction to go.

I know you have a lot of choices, and there are various ways to move forward.

If there is anything else, big or small, that I can help you with today, please let me know?

I am so glad you contacted us, and I thank you for reaching out today.

Don't forget to accept the answer and click five stars in support of the community.

Thank you for the response. We will consider the options and then decide if this is the right time to act. We do see our Grandson twice a week, and he sleeps over with us 1 night a week during school holidays. Regards ***** *****

John Melis, Expert

Your satisfaction means everything to us.

I thank you for reaching out today, and I look forward to hearing from you soon.

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