Hello and thank you for your question.

Grand parents are entitled to seek parenting orders under the Family Law Act, and this includes an application for access or even custody.

Information on the procedure for applying for parenting orders can be found at the Federal Magistrates Court:

http://www.fmc.gov.au/pubs/html/brochures.html

You will need to complete and file an initiating application and attach an affidavit setting out the facts which explain the requirement for the courts orders.

http://www.fmc.gov.au/forms/html/family_law.html

The website has guides to assist unrepresented parties to complete these documents for unrepresented parties, however, The assistance of a family lawyer is strongly recommended as your chances of success will greatly increase if the application is properly prepared and you are legally represented.

When deciding an access application by a grandparent, the court treats the interests of the child as paramount and with that in mind the court will generally consider issues such as:

• The extent to which the grandparent and child have an existing relationship,
• The reason parents have refused the grandparent access,
• The practicalities of such contact (i.e. if the grandparent lives far away from the child regular access orders will be less likely),
• and ultimately, whether continuing contact with the grandchild is in the best objective interests of the child in all the circumstances.

Whilst a court will not make the same presumptions in favour of access for a grandparent, as it would if a parent were seeking access orders, such an application can succeed if the above considerations warrant it.

Where a child is older (say ten or more) the wishes of the child may also be relevant, although the wishes of a four year old are generally not taken into account.

I trust the above assists your understanding.

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Thank you,

Patrick

Hello,

I note you have rated my service as 'bad' and am wondering in what way you found my answer to your question inadequate? I have set out your right to take legal action to see your child, but if this is does not address your question please clarify what you wanted to know about and I will try to assist you further.

I do try to satisfy all customers to the best of my ability and if you have a further question, I will be more than happy to assist.

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