+ Reply to Thread
Page 1 of 3 123 LastLast
Results 1 to 10 of 29
  1. #1
    Join Date
    Aug 2012
    Posts
    1,881
    Thanks
    76
    Thanked
    633
    Reviews
    0
    Achievements:Topaz Star - 500 posts

    Default Grandparent / Relative Rights to see Children

    Hi guys,
    Wondering if anyone can offer some advice please.

    My sister passed away last year leaving behind my 2 nephews (3 & 5). We are a very close family and see each other multiple times a week.

    My brother in law hasn't coped particularly well, he has turned to alcohol, isn't particularly interested in the kids etc. My mum and I have helped him with cleaning the house, washing, medical appointments, school & kinder drops offs etc and usually have my nephews for sleep overs 2-3 times a week.

    My BIL is quite a liar and likes the attention he gets for being a 'widower' etc. He's very up and down, one minute friendly and the next super angry.

    Anyways this week he has all of a sudden told a friend of ours that he's selling the house and moving so we can't see the kids. The thought of not seeing my nephews breaks my heart considering we see them so much and knowing that my sister would most definitely not want them to have no contact with us is awful.

    My question is do we have any rights from either stopping him moving or rights to be able to see them regularly if he does move?

    We are in Vic.

    Thanks

  2. #2
    BH-KatiesMum's Avatar
    BH-KatiesMum is offline Community Manager
    Winner 2008 - The most optimistic poster
    Winner 2014 - Most Helpful Moderator
    Join Date
    Oct 2007
    Location
    Perth WA
    Posts
    22,399
    Thanks
    5,366
    Thanked
    5,806
    Reviews
    3
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 postsEmerald Star - 10,000 postsRuby Star - 15,000 postsDiamond Star - 20,000 posts
    Awards:
    Past Moderator
    200 Posts in a week100 Posts in a week


    I dont know the answer - I would perhaps consult a lawyer.

    Just wanted to give you a

  3. #3
    Join Date
    Aug 2012
    Posts
    1,881
    Thanks
    76
    Thanked
    633
    Reviews
    0
    Achievements:Topaz Star - 500 posts
    Quote Originally Posted by BH-KatiesMum View Post


    I dont know the answer - I would perhaps consult a lawyer.

    Just wanted to give you a
    Thank you, it's a cr@ppy situation

  4. #4
    Join Date
    Feb 2015
    Posts
    161
    Thanks
    63
    Thanked
    174
    Reviews
    0
    You can apply for a recovery order

  5. #5
    SuperGranny's Avatar
    SuperGranny is offline Worlds best grandma! Winner 2012 - Most Helpful Member
    Join Date
    Jun 2008
    Location
    sunshine coast qld
    Posts
    6,154
    Thanks
    4,560
    Thanked
    2,739
    Reviews
    0
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts
    I wonder if contacting some child protection agency.? would they be able to direct you. I would be concerned about your bil state of health, if he is drinking heavily and not really managing himself. How will he be able to care for the children properly?? I would be trying to put a stop to the move before it happens rather than looking at ways to gain access after he had left the area. hugs, marie.

  6. #6
    Join Date
    Aug 2012
    Posts
    1,881
    Thanks
    76
    Thanked
    633
    Reviews
    0
    Achievements:Topaz Star - 500 posts
    Quote Originally Posted by poisonapple View Post
    You can apply for a recovery order
    But I don't have custody so am I eligible for that?

  7. #7
    Join Date
    Aug 2012
    Posts
    1,881
    Thanks
    76
    Thanked
    633
    Reviews
    0
    Achievements:Topaz Star - 500 posts
    Quote Originally Posted by SuperGranny View Post
    I wonder if contacting some child protection agency.? would they be able to direct you. I would be concerned about your bil state of health, if he is drinking heavily and not really managing himself. How will he be able to care for the children properly?? I would be trying to put a stop to the move before it happens rather than looking at ways to gain access after he had left the area. hugs, marie.
    Good point Marie, I'd like to be prepared if suddenly the house is on the market!
    Also yes exactly, he can barely care for himself and my mum & I do all of the 'practical care'.

    He's driven with the kids not in car seats, left them home alone, leaves them in the car while he goes to the shops, has been pulled over by the local cop for erratic driving & speeding with the kids in the car, drops my nephew to school late or let's him stay home. It's all very concerning

  8. #8
    Join Date
    Jun 2009
    Posts
    5,219
    Thanks
    2,842
    Thanked
    1,467
    Reviews
    8
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 posts
    Awards:
    500 Posts in a week
    400 Posts in a week300 posts in a week200 Posts in a week100 Posts in a weekFunniest Caption
    I don't know the legalities but couldn't read and not reply. It sounds like a terrible situation and the kida are lucky to have you in their life. I hope that it works out and you keep seeing them.

  9. #9
    Join Date
    Dec 2009
    Location
    Launceston
    Posts
    13,466
    Thanks
    732
    Thanked
    2,355
    Reviews
    35
    Achievements:Topaz Star - 500 postsAmber Star - 2,000 postsAmethyst Star - 5,000 postsEmerald Star - 10,000 posts
    Yes you do have rights especially if you have been very involved in their lives. I would get legal advice asap JIC.

  10. The Following User Says Thank You to waterlily For This Useful Post:

    beebs  (27-03-2015)

  11. #10
    Join Date
    Feb 2015
    Posts
    161
    Thanks
    63
    Thanked
    174
    Reviews
    0
    Yes you are. If you have a look on the legal aid Qld website, it explains things. I understand you are not from Qld, but that's somewhere with info for you.


 

Similar Threads

  1. What would you do: grandparent interference
    By VicPark in forum General Chat
    Replies: 34
    Last Post: 30-09-2014, 14:46
  2. Grandparent who showered with my 3 yr old
    By aprilhaarer in forum Issues with Family Members
    Replies: 42
    Last Post: 20-09-2014, 20:58
  3. Reflux or paranoid interfering relative?
    By VicPark in forum Colic Reflux Wind
    Replies: 22
    Last Post: 21-04-2014, 07:33

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
free weekly newsletters | sign up now!
who are these people who write great posts? meet our hubbub authors!
Learn how you can contribute to the hubbub!

reviews
learn how you can become a reviewer!

competitions

forum - chatting now
christmas gift guidesee all Red Stocking
WaterWipes
Give your babies bottom a gift this Xmas! They are the only wipe made using just water and a drop of grapefruit seed extract and may help avoid nappy rash. Check out the great reviews on bubhub and see our website for more info and availability.
sales & new stuffsee all
Pea Pods
Buy 2 Award Winning Pea Pods Reusable One Size Nappies for only $38 (in your choice of colours) and receive a FREE roll of Bamboo Liners. Don't miss out, we don't usually have discounts on the nappies, so grab this special offer!
Special Offer! Save $12
featured supporter
SRC Pregnancy & Recovery Shorts
Want pain relief during pregnancy, and to continue working and exercising? Fancy a speedy recovery after childbirth? Want to regain your pre-baby body shape fast? Recommended by healthcare professionals, SRC compression products will let your body do its most important work.
gotcha
X

Pregnant for the first-time?

Not sure where to start? We can help!

Our Insider Programs for pregnancy first-timers will lead you step-by-step through the 14 Pregnancy Must Dos!