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We have had a huge falling out with our kids grandparents and

 
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  • Answered by:Sydney-Lawyer
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Customer Question

We have had a huge falling out with our kids grandparents and due to lies and compulsive lying from my mother I don't want her to see my kids anymore. We agreed for them to see them once a month and on the second visit she assaulted me and I called the police but she lied to the police saying I punched her first. Absolute lie she attacked me while holding my baby and was threatening fighting 'you want a fight your on'. There weren't any other witnesses to tell the police the truth and now I have just got a letter today from their lawyer with all kinds of requests to see the kids... it has a reference to the assault saying I assaulted her and she got bruises. I took pictures of my scratches too. They have moved away to qld and soon to Fiji. Do they have any rights to take the kids?? Can I refuse their requests and stop them my kids are so little and I want to stop this bad influence now before they are too big. All they do is buy things for them.

 

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State/Territory: nsw

Already Tried:
I contacted legal aid for advice after I heard lies that she told my grandmother we had a mediation and she had a court document to see the kids when she likes. That was a lie. I have text them after I rang the police and said after the trouble we will no longer see you or let you see the kids. This is mentioned in their letter from their lawyer.

Submitted: 322 days and 8 hours ago.
Category: Australia Law
Value: AU$83
Status: CLOSED
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Expert:  Sydney-Lawyer replied321 days and 22 hours ago.

Good Morning

I am sorry to hear about the situation as it impacts on everyone.

The Family Law Act does acknowledge the grandparents of the children to be able to file an application for parenting orders.

This means the court will grant them time with the children.

Having said that it is not thegrandparents right to see them children. In all these matters any decision is based on what is in the best interests of the children.

If you do not have orders and you do not grant contact they cannot enforce anything against you. They will have to have mediation with your first and if that fails then they can go to court.

You cannot control what they buy the children and the court would not make orders to stop them buying things for them.

You can ask that they no say things to the children that is denigrating to you.

She would have to provide a copy of a court order so dont worry about that.

Here is some information for you about the process that I provide to clients who wish access.

You should contact your closest family relationship centre. This is a free service provided by the Federal Government. Their website is

http://www.familyrelationships.gov.au

You can find your closest one on there.

The web-site also have alot of useful information and links to assist you.

Before going to court you must obtain a certificate from a family dispute resolution practitioner. You get this through the free service provided at the family relationship centres.

If you need to go to court then you will need to file an application in the Family Court or the Federal Magistrates Court

http://www.familycourt.gov.au and http://www.fmc.gov.au

If they wish to go to mediation you should go. If you refuse they will be granted a certificate and you will find yourself in court with the court knowing you refused to try and resolve it.

You dont have to agree in mediation but always best to attend and hear what they have to say.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

Customer replied321 days and 19 hours ago.

Should we get a lawyer from Legal Aid or Family Relationships to repond the their lawyers letter?? Their letter requests that they call my kids (only 1yr and 3yrs old) once a week! Have them stay with them 1 night a month! and Have them for 2 seven day periods a calendar year, and the moved to qld a couple months ago. I will not allow my kids to be around a liar like her and wonder what she will tell them in the years to come. I have gotten legal aid advice previously who said the kids are so young and I am the primary carer, they can not force me. Should we respond to their letter as it says to do it in 14days or they will see about what to do further!


I did try after she attacked me to press charges and get an AVO by calling the police to the house but the police said they couldn't tell who was telling the truth, this is another reason I am so emotionally upset because she lied to the police when I rang them and has lied to her lawyer about her assaulting me! I am affraid they will say I am a bad mother to see the kids. I assume if we don't respond they will send me another letter for a mediation, would this be their next step??? I don't want to go to court as we can not afford a lawyer so to stop her the only visitation rights I could think of is a one day visit with my husband there or someone else to suppervise.

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Expert:  Sydney-Lawyer replied321 days and 18 hours ago.

Good Afternoon

In relation to responding to their letter you shoulf get a Solicitor to assist you.

The information you were given is correct. They cannot force you and the children are far too young.

You have nothing to worry about. If they say that you are a bad mother they have to prove it.

You are the mother of those children and if they think that you are not looking after them let them prove it.

They have nothing. All they are doing is making it up with no evidence.

You have nothing to wory about.

They should go to merdiation. I cannot say if they will request it or not.

They cannot go to court without mediation first.

Have the matter go to mediation and discuss it with the mediator. It will only be you the mediator and them. Lawyers are not allowed.

Do not worry too much have it go to mediation.

They have not orders and cannot do anything at the moment.

I hope this is of assistance. If you have any further questions please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

Customer replied321 days and 15 hours ago.

What is the most a court would usually allow grandparents to see grandchildren?? Is my case a bit different as my husband and I are together and its them (just grandparents) insisting we allow them to see the kids. I can't believe how much time they are requesting! They have occassionally had the kids for the weekend so my husband and I can be alone or for our wedding anniversary (only 3 wedding anniversaries). I regretably allowed my mother to help me out a lot with the first baby (who is 3 now) as I thought she was different. She didn't help at all with my second pregnancy (boy now 1). I don't want them to have them overnight at all. Would the court allow them to take them overnight?


And is legal aid the same as relationships australia? Will I need to pay for a lawyer with relationships australia??

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Expert:  Sydney-Lawyer replied321 days and 15 hours ago.

Good Afternoon,

Your question is a very difficult one to answer because it really depends on the relationship of the children have with the grandparents.

If the children are seeing the grandparents daily and they are growing up in the same house then it would not be uncommon for the grandparents to be allowed to see the children every fortnight and also to have telephone contact during the times that they don't spent time with the children.

In this case it does not appear that the grandparents have been a large part of the children's lives and as the children are very young and the grandparents are not even in the same state as the children the contact mainly would have to be by telephone.

As the children get older you cannot stop them having overnight visits with the grandparents. The court will allow either not contact.

The other issue in this current situation is the cost of giving the children to the grandparents and back. If neither party can afford to pay for flights then the contract will be very much confined to telephone and possibly over the Internet.

At the current age the children are and the fact that the grandparents live in Queensland I do not believe the court will grant them overnight contact.

Legal aid is not the same as relationships Australia. Relationships Australia are not solicitors they are psychologists and mediators to try and discuss issues and get parties to agree without speaking to solicitors and going to court.

The link I sent you is one to a free service and you do not pay relationships Australia. Solicitors are not allowed to be present at the mediation. It is only the parties involved and the mediator and it is a free service.

I hope I have assisted you with your question. If you have any other questions please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

Customer replied321 days and 9 hours ago.

Do you recommend we get a solicitor from Legal Aid to respond to the initial letter or approach Relationships Australia to arrange a mediation?


Although I dont think the grandparents would be happy with my terms at a mediation??...

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Expert:  Sydney-Lawyer replied321 days and 9 hours ago.

Good Evening,

I would recommend that you speak to a solicitor and get them to respond to the letter. It will give them a clear message that because there are no orders they are not entitled to sue the child or children.

It is not relevant what they are happy with at mediation. The whole roll mediation is for everyone to talk and reach a medium ground where everyone is happy and all contact is in the benefit of the children.

If that movie ground cannot be reached then the matter will have to go to court.

these are not easy situations but the law has set the process that must be followed.

I hope this is of assistance. If you have any further queries please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

Customer replied317 days and 15 hours ago.

Sorry I just wanted to ask one more question about our reply. We have seen someone at legal aid who told us we can reply to it ourselves without a lawyer. They won't write a reply for us and they said we won't qualify for legal aid either.


 


Do you recommend us write a pointed reply to their requests or should we get a professional family lawyer?

Accepted Answer

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Expert:  Sydney-Lawyer replied317 days and 14 hours ago.

Good Afternoon,


There is no harm with you replying on your own and saving yourself the money.

If you do not feel confident in replying but then he would be best to speak to a solicitor and have them assist you by drafting a letter in accordance with your instructions. They will also be able to tell you whether or not what you wish to put in the letter is appropriate.

I hope this is of assistance. If you have any further queries please do not hesitate to contact me.

Having answered your question I would like to explain how I am paid for my work. The rating given by you, for my answer will decide whether or not I will be paid for my work.

At the end of this post you will see 5 faces asking you to rate my work. Selecting either of the 2 the unhappy faces means you are not happy with my answer and do not wish me to be paid for my work. The other 3 mean I am paid.

I would prefer you rate me at the very end of our session not after each response. This way I can be sure you have an answer that assists you and you can rate the whole experience.

If you want more information after I respond, or wish to have something cleared up, select "Reply so Sydney-Lawyer" or "Reply to Expert" and we can continue until you are satisfied.

I am here to assist you as quickly as possible, and you rating each post will delay the process as it does not tell me what the issue is. I would prefer you ask me questions than rating the response and not providing me with further questions.

Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.1 %
Accepts: 16942
Answered: 7/4/2012

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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