Australia Law
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Answered in 1 minute by:
3/24/2009
legaleagle, Lawyer (JD)
Category: Australia Law
Satisfied Customers: 13,442
Experience: Attorney-Business degree from The University of Texas
VerifiedThank you for your question. In order to give you an accurate question can you please tell me what state you are in? Thanks.
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
VerifiedYou are entitled to make an application in the Federal Magistrates Court (www.fmc.gov.au ) or the Family Court (www.familycourt.gov.au ) for parenting orders about spending time with your grandchildren.
If there are current proceedings about the children in either of these courts, you can seek to be joined as a respondent to these proceedings.
The court then has to make parenting orders that are in the best interests of the children, which includes protecting them from any risk of harm. There may need to be an independent assessment from a social worker and/or psychologist or psychatrist about the best arrangements for the children to spend time with you.
You can provide any evidence you want to the court in support of your application to spend time with your grandchildren.
You should be aware that evidence about the emotional, physical and monetary anguish to yourself and your Husband, will not be helpful to the court in determining what parenting orders are in the best interests of your grandchildren.
The court as a paramount consideration, has to consider the best interests of the children. Sometimes this means that fairness and justice is not served for the parents and grandparents as the children's rights outweigh any rights the parents or grandparents have.
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience: Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
VerifiedDeborah Awyzio and 87 other Australia Law Specialists are ready to help you
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