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?
State/Country relating to question: Australia
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.
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.
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.
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