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    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
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    BH-KatiesMum is offline Community Manager
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    I dont know the answer - I would perhaps consult a lawyer.

    Just wanted to give you a

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    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

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    You can apply for a recovery order

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    SuperGranny is online now Worlds best grandma! Winner 2012 - Most Helpful Member
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    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.

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    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?

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    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

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    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.

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    Yes you do have rights especially if you have been very involved in their lives. I would get legal advice asap JIC.

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    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.


 

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