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  1. #1
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    Default Grandma threatening legal rights to my kids.

    I have posted about my mother here before.

    I believe my mother in mentally unstable. I let her see my kids but she wants to take them away on her own.

    I let her come over and take my oldest for a walk to the park (4) she wanted to take my then 9 week old with her and I said no.

    She stays for 3-5 hrs each time and can pretty much do anything with them, feed them, cuddle, read books.

    I don't let her change my 9 week old nappy or take him away from me on her own.

    She is now threatening to seek legal action to have access to my kids on her own.

    She said she has a right to take them to her house for a week. She is a hoarder and her pool gate is so old she would get fined by council if they knew. She yells and controls my son. Everything he does is 'wrong' and needs correcting.

    She is dysfunctional and narcissistic. What are grandparents rights? From what I knew they are not what she thinks they are.

    I'm ****ed off and she is just pulling all the strings now to cause problems.

  2. #2
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    I'm not sure she has any 'rights' in the eyes of the law, though hopefully someone clued up on this sort of thing can shed some light?

    I'm sorry you are going through this

    I would stick to your guns 100% - they are your children and you call the shots on who spends time with them alone. With her attitude I'd actually be concerned about her absconding with the children.

  3. #3
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    OP, this link contains some relevant information:

    http://www.legalaid.nsw.gov.au/publi...tions-answered

  4. #4
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    My narcissist mother threatened this once but only for my oldest. I never sought legal advice as it kind of just fizzled but if she ever acted upon it I would be getting professional advice. She can't just take your kids willy nilly.

  5. #5
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    In the words of Darrl Kerrigan (The Castle) "tell her she's dreaming."

    Grandparents don't have an automatic right to have their grandchildren stay in their home for a week. Sometimes grandparents start legal action when suddenly they do not see their grandchildren at all after having a history of regular contact eg if the parents divorce and the kids live full time with a parent who has decided to cut contact.

    In your case she is seeing the kids in your home. She can threaten all she likes but I doubt she would get very far.

    I would wait and see what happens before seeing a lawyer. From what you have written it sounds like she is full of hot air and hasn't actually seen a lawyer herself.

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  7. #6
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    She is allowed to seek mediation just like if it where you and your partner had seperated. I have a family member doing to their own parents as his partner is mentally unstable (we've all seen it first hand and experienced it aswell). No one in our entire family is allowed to see their kids for fear of germs but yet both children go to daycare full time

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    The grandparents have to have played a pretty significant role in the child/ren's life to really be able to have a chance.
    Ie. the children previously lived with the grandparents or spent a fair amount of time in their care.

    *If* your mum was to try to get access, they would take in to account your reasons for it and I'd hazard a guess that you would be fine

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    There are no such things as "grandparents rights" because the law is all about the best interest of the child as paramount. Basically, the only people's "rights" that are important are the children. The most important issue when it comes to a child's best interest is safety. Her claim that she should be able to take the children for a week is really not right, especially not a young baby. And the safety issues, her mental health issues, etc would all be dragged out in the open for the world to see. If that's what she wants to do, good luck to her.

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    grandarents can get legal visitation access but not a week at a time
    they have to do mediation and court and basically prove that theyre being denied grandparental rights tto a judge, they wuld start with small hours a few times a month.

    Quote Originally Posted by atomicmama View Post
    The grandparents have to have played a pretty significant role in the child/ren's life to really be able to have a chance.
    Ie. the children previously lived with the grandparents or spent a fair amount of time in their care.

    *If* your mum was to try to get access, they would take in to account your reasons for it and I'd hazard a guess that you would be fine
    this isnt true, my sisters ex mil had no contact with her 11 month old and was granted access fortnightly by the courts

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    Quote Originally Posted by SSecret Squirrel View Post
    In the words of Darrl Kerrigan (The Castle) "tell her she's dreaming."

    Grandparents don't have an automatic right to have their grandchildren stay in their home for a week. Sometimes grandparents start legal action when suddenly they do not see their grandchildren at all after having a history of regular contact eg if the parents divorce and the kids live full time with a parent who has decided to cut contact.

    In your case she is seeing the kids in your home. She can threaten all she likes but I doubt she would get very far.

    I would wait and see what happens before seeing a lawyer. From what you have written it sounds like she is full of hot air and hasn't actually seen a lawyer herself.
    I agree with @SSecret Squirrel as usual.

    Let her cool down for a while and see what her next move is. She would have to go through mediation first in any case and that takes a long time. So....you have time! Stick to your guns!

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