Login|Contact Us
Question and Answer

Australia Law

Ask an Australia Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

My husband and I have three children. We are happily married

 
Sydney-Lawyer's Avatar
  • Answered by:Sydney-Lawyer
  • Solicitor
  • Positive Feedback: 96.1 %
  • Accepted Answers: 16635
Verified Expert
in Australia Law

Recent Feedback

Positive
All good thanks
Positive
Type your review here...
Positive
I'm happy with replies as I got straight answers on all my question.
Positive
I got the information I needed to ensure I was not making a business and legal...
Positive
this was of great assistance. thankyou
Positive
It was how I think it will be

Customer Question

My husband and I have three children. We are happily married for 13 yrs. My husbands mother and her husband who is not my husbands father have threatened to take us to court to get access to our kids.
We have had a very estranged relationship with them for many years and there were many years for my husband growing up with his mothers mental games and manipulation. They have not seen the children in the last 2.5 yrs as we have tried to cut all contact. They have gone to the family law court to have mediation which we have done in the past and when his mother didnt get what she wanted she pulled out.
A mediator has contacted us and informed us that if we dont go to mediation then we may have to hand our kids over for access and we have to pay the legal costs. We dont have much money and my hubby's mother knows this and she has plenty.
Since we have cut all ties with them over the last 2.5yrs, there is no stress in our family and our children are getting fantastic grades at school.
Were do we stand as parents to protect our children from the mental games and manipulation from my hubbys mother and her husband?

 

Optional Information:
State/Country relating to question: Australia

Already Tried:
My husband has been told if we do not have mediation then we have to pay all her court costs and may loose our children to access visits.

Submitted: 274 days and 9 hours ago.
Category: Australia Law
Value: AU$71
Status: CLOSED
Picture
Expert:  Alex replied 274 days and 9 hours ago.

Were do we stand as parents to protect our children from the mental games and manipulation from my hubbys mother and her husband?

Unfortunately for your case, the Family Law Act gives grandparents a right to apply to the Court for access in seeing their grandchildren. If they haven't had an opportunity to see the kids in two and a half years, a Magistrate will likely give them substantial contact time.

As such your best bet here is to start making the grandchildren available once or twice a week for an afternoon to spend with the grandparents.

Should you have any other questions, please let me know.

If you're satisfied with the results of your question, then I'll ask you to please provide positive feedback so that I will get credit for the time spent on your question.

Customer replied 271 days and 12 hours ago.

I do beleive the legislation says the children have rights not grandparents and parents. We have since agreed to mediation with his mother and the mediator has thrown this back at us saying not good enough and that she would sign off saying we did not attemp to attend mediation. As your answer did not give very much information other than make access available, I have spoken to legal aid and they agree with the childrens rights. I am concerned that a non biological person claiming rights as a grandparent seems to have more rights than the parents. The last 10 years of contact has caused anxiety, stress and ill health to our family even to the state we have had our eldest child to a councelor to get through it. What are our legal rights to protect our children from this happening again. We are in fear for the welfare and stubility of our children if this man and Greg's mother have access.

Accepted Answer

Picture
Expert:  Sydney-Lawyer replied 271 days and 8 hours ago.

Good Afternoon,


The Family Law Act under section 65C gives the right to the grandparents to file an application with the court to seek parenting orders.

The link below is that section for your attention.

http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s65c.html

Before the application can be filed, the parties must go to mediation, and if mediation fails then the certificate will be issued and the application to the court can be filed.

You are correct in what you have said that it is not the right of the parents or the grandparents to spend time with the children, but it is the children's rights to spend time and know the grandparents.

I completely understand your concerns about the nonbiological grandparent, but unless there is evidence of some violence or concerns for the children's safety the court will not order that this person not be present.

In responding to any application made by the grandmother you would provide reports from the counsellor to backup your allegations and to show the court that it is not in the best interests of the child or the children to be spending time with their grandmother.

What the mediator has told you is false. If you choose not to go to the mediation, you are under no obligation to hand the children either. There is no court order that can compel you to provide the children for contact with her grandmother.

I would urge you go to attend mediation and to attempt to try and reach some agreement. The reason I say this is because if mediation fails it always looks better if you attended and attempted to try and reach an agreement.

Because of your concerns for your children's safety and well-being, I would be suggesting that any contact be permitted only with the grandmother and under supervision of your husband or yourself.

This way you can keep an eye on the situation and if the grandmother does not comply with what you were growing then contact would be suspended.

This is your choice, and it is not a requirement on expectation by the law.

Going back to the beginning the grandparents do have rights under section 65C to file an application for parenting orders with the court. Any orders made by the court do not look at the rights of the grandparents or the parents, but look at what is in the best interests of the children.

It does not automatically mean that because she is the grandmother the court will grant her contact with the children.

It is your evidence that will be required to show the court that it is not in the children's best interests to have contact with their grandmother.

If she files and applications you will then need to respond. You will have the benefit of seeing what she is relying on to be able to get contact, and provide counter arguments in your affidavit.

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.


Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.1 %
Accepts: 16635
Answered: 7/13/2012

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

Ask this Expert a Question >
 
Tweet

2 Solicitors are Online Right Now

Ask Your Question Now
Australia Law Questions Date Submitted
We entered into a time share agreement and decided 4/8/2013
Hi Alex, this is Jut Answer Client : JACUSTOMER-vxkdpr4y - 4/8/2013
Hi Alex I was just in Phuket and signed a contract with premier 4/3/2013
Hello Australian Law 1. Offer was made on my property. 3/13/2013
RA-100 2/28/2013
Hi, I joined a company this year and upon joining, I had 2/19/2013
I read instruction of Just answer, so now I know what can I 1/31/2013
The question below was asked on the 12/27/2012 and a deposit 1/9/2013
Right to Work..My partner (M) runs weekly markets on behalf 12/6/2012
-The bank (lender) delayed the 1st progress payment because 10/29/2012
RSS
Next 10 >
Ask A Solicitor
Type Your Australia Law Question Here...
characters left:

Top Australia Law Experts

See More Solicitors

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask a Solicitor

Get a Professional Answer. 100% Satisfaction Guaranteed.
131 Solicitors are Online Now
Type Your Australia Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us
© 2003-2013 JustAnswer LLC