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Jessica
Consultant
John Melis, Expert
Hi! My name is***** a solicitor in Australia, and I’m happy to help you.
You will be able to stop the mother from taking the child based on your current guardianship. If you have any issues, you should apply immediately in court.
Grandparents are entitled to apply for parenting orders under s 65C of the Family Law Act, which provides:
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 child’s best interests.
You may start the process with mediation through relationships Australia.
The alternative is to commence proceedings in the family court.
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.
Please let me know if you have any more questions.