We are having difficulty seeing our grandsons. Our son passed away June, 2019 and now his ex wife is making it difficult

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Customer: we are having difficulty seeing our grandsons. Our son passed away June, 2019 and now his ex wife is making it difficult for us to see the boys, who are 14 and almost 13. I have been to relationship Australia and have told me if was not likely mediation would be of help. Obviously the boys mother wouldn't agree. I have the certificate stating this. Michael had separated from his ex wife three years before he passed, I am wondering if we would be entitled to legal aid. My husband and I are both over 70, Max is on the age pension and I am on the disability support pension. My husband has had two strokes and now Parkinson's so there is no guarantee he will be around when the boys are of age
JA: Were any of the assets acquired before the marriage? Or given through an inheritance?
Customer: the estate is almost settled; The house was left to his ex and two boys. If the house sold (which is has been) the boys share is to be held in trust with the mother as trustee. Anything else from the estate for the boys is held in trust for them with my self and their older half brother as trustees
JA: Were any marital funds used for the mortgage or property improvements?
Customer: the house was heavily in arrears so our son paid it out when he was able to claim some of his super
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no. but I shouldn't have started this conversation just yet because I have to go out shortly. can I have a reference number so as to continue this conversation later
Answered by John Melis in 1 hour 1 year ago
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John Melis
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John Melis, Expert

Hello, I’m John Melis, a solicitor in Australia, and I’ll be helping you with your question today.

I am sorry for the loss of your son.

You are entitled to legal aid.

​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.

Have I answered your question? If any part of my response is unclear, please let me know. It’s my goal to deliver excellent service, so please let me know if there is anything more I can do. Thank you for using our site.

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