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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14501
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My son and s partner have separated amicably, and due to my

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My son and his partner have separated amicably, and due to my DIL wanting security (fair enough as she is young) she applied to Family Court for an interim Day to day care if my grandson who is 2 years old.
My son and DIL got into a drunken argument 3 months ago and after police involvement he was charged for a push MAF. She had pushed him 5 times before he pushed past her ending in the charge. This was pleaded down to common assault and restorative justice has taken place with my DIL admitting her part in the fray. They are now amicable and moving forward separately. However family court is now involved and the lawyer for child had stipulated that both are to complete parental courses and my son has to attend anger management ( so yes it's to be done). He can't have visitation because now as he has been absent ( court enforced) from his sons life for the 2.5 months and only granted supervised visits once a fortnight.
I travelled down and was to spend time with my grandson (DIL has no problems with contact whenever I like) usually once every 4 weeks or if I am passing through I can pop in even collect him from kindy for her in my way in. (I live CHC they reside in Dunedin) but lawyer for child has now said I cannot see my grandson if my son is with me. Note my son stays at my DIL's house when in Dunedin or at his mother in laws. Why is one grandmother "court approved" yet I have been deemed unsuitable without the lawyer for child even knowing my name? This person has not spoken to me doesn't know me and I am a law abiding working lady with 2 children in my care? I respect my DIL and we get along so why is this lawyer talking about my visitation and interfering in contact between my grandson and I?
Submitted: 9 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 9 months ago.

The lawyer for the child is being cautious, and therefore making the suggestions about contact with you while your son is there. However it is really up to your son and DIL to set the terms, and they should have a FDR Family mediation in which they can discuss terms of contact and who can see the children. The lawyer for the children doesnt have the power to stop contact or make restrictions, but can only recommend to the court. Your DIL should tell the lawyer to back off until the mediation has resolved these issues. The problem was your son being there but if has contact with supervision, then you could be be the supervisor if he is present.

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