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  1. #11
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    Yeah see what concerns me is the father is still mentally unstable his discovered his got borderline personality on top if other mental illnesses and the grandmother said the father will be present to supervise but what concerns me is they both haven't resolved their issues.ans who is to say.they won't have another explosive arguments while my dd is in their care

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    Grandparents are able to seek visitation through the court system if the parents of their grandchildren refuse to let them see them. A friend of mine was taken to court by her stepmother to allow her to have visits with her boys.

    If you have reasonable concerns about the safety of your child/ren in her presence though, the court should take that into consideration - I doubt they would force overnight visits straight off. They are more likely to order visits supervised by a neutral party.

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

    In summary, grandparents have no automatic rights to visitation of a child. Unless they have played a meaningful and important role. I *believe* this would be considered to be the child had either been in custody of the grandparents or had been under their care for extended periods.
    Last edited by Little Miss Sunshine; 06-02-2014 at 12:32.

  4. #14
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    Grandparents can use the Family Law Act to apply to court for orders that their grandchildren live with or spend time with them. You can do this whether the parents of the children are together or separated.

    The Family Law Act acknowledges the importance of children having a relationship with their grandparents. Grandparents are specifically mentioned in the Family Law Act as being able to apply to a court for orders to do with their grandchildren. However it is important to be aware that this does not mean that grandparents (or indeed parents) have an automatic right to have contact with the children.

    The Family Law Act makes it clear that the ‘best interests of the child’ are the main considerations when it comes to decisions about parenting. The focus of the Family Law Act is on the rights of children to know and be cared for by both parents and other people significant to their care, welfare and development, such as grandparents and other relatives


    From legal aid website

  5. #15
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    Quote Originally Posted by heidililith31 View Post
    Yeah see what concerns me is the father is still mentally unstable his discovered his got borderline personality on top if other mental illnesses and the grandmother said the father will be present to supervise but what concerns me is they both haven't resolved their issues.ans who is to say.they won't have another explosive arguments while my dd is in their care

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    So is the concern he lives with her and during visitation your daughter may witness arguments between the father and his mother?

    Are you also saying you have attended mediation and failed to come to an agreement and now waiting for it to go to court?

  6. #16
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    That is correct. I understand her plea my mother not be present as it will make it difficult for them to rekindle their relationship. So I asked the first meeting be somewhere public like Mcdolands and my mum will just go somewhere she can see how the first is going with out Lilith knowing and for all other visits remain public till the father and I have gone through mediation. She didn't agree.
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    Have you had some legal advice?

  8. #18
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    I rang legal aid south Australia and I'm filling out an application. But they said being the main carer of my dd I have the upper hand and to leave it all up to them If they wanna take me to court let them go through all that drama.

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  9. #19
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    I'm glad you got legal advice. In my completely non legal opinion I would be surprised if the courts stepped in.

    I would just keep offering to meet in public... Even do it by email. I'm not sure how you feel but maybe call or text 'Lilith and I are going to the park... Would you like to come' Just record every time she says no... Screencap or something. If it does go to court she will be seen as the one brig inflexible and considering she was never your child's main carer, then she will not get any extra access.

    I think as long as you are not completely refusing access then that just works in your favour...

  10. #20
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    Yeah see the thing is she never apologized or came to me to declare how she wanted to remain in my dds life. She just txt a request three days after leaving there I said no then she went to mediation to now court. I just wonder what her aim is I'm starting.g to think it's for her ego. O know if I aS the grandparent I would be going to all lengths but she isn't. I have informed het younger children they are well welcome here anytime, and apigized about the why things.are going

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