Australia Law
Have Australian law questions? Ask a lawyer now.
Connect one-on-one with {0} who will answer your question
Answered in 15 minutes by:
11/21/2012
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedGood Afternoon,
Thank you for your question and I will do my best to provide you with information that will assist you.
The family Court act recognises grandparents and also other parties that Are concerned with the welfare of the child.
Your son fall into the last category.
http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/s65c.html
Depending on his relationship with the children, and the length of time I have known him he would be able to apply for parenting orders even if he's not the biological father.
He will need to follow the same procedure is as if he was the father and go to mediation and if that fails then file an application in court.
He does not lose all rights to spend time with these children, and for these children to spend time with him.
You should contact your closest family relationship centre. This is a free service provided by the Federal Government. Their website is
http://www.familyrelationships.gov.au
You can find your closest one on there.
The web-site also have alot of useful information and links to assist you.
Before going to court you must obtain a certificate from a family dispute resolution practitioner. You get this through the free service provided at the family relationship centres.
If you need to go to court then you will need to file an application in the Family Court or the Federal Magistrates Court
http://www.familycourt.gov.au and http://www.fmc.gov.au
I hope this is of assistance. If there is anything I have missed in your question please do not hesitate to contact me and I will respond immediately.
If you are happy with my response please do not forget to provide me with a positive rating.
Thank you for giving me the opportunity to provide you with a response.
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedLeon and 87 other Australia Law Specialists are ready to help you
How JustAnswer works
Describe your issueThe assistant will guide you
Chat 1:1 with a solicitorLicensed Experts are available 24/7
100% satisfaction guaranteeGet all the answers you need
Related Australia Law Questions
I need help we need assistance. It is currently happening.
No, it is currently happening. The biological father of 2 children are denied access to the children not long ago after returning to pick them up from the grandparents house (mothers parents) … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I'm in the state of qld it's a family law matter. Child
Hello I'm in the state of qld it's a family law matter … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I am a great grandmother of three children in state care and
I am a great grandmother of three children in state care and along with my daughter the biological paternal grandmother have been alienated by the foster parent and his lies to the governing body Kari… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
My partners kids live in Greece. His exe has lost custody
My partners kids live in Greece. His exe has lost custody due to being an unfit parent and the court refused to give him custody instead leaving the kids with their abusive aunt and uncle. Can Austral… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
Going through a custody case atm and my ex has now thrown in
Hi going through a custody case atm and my ex has now thrown in paternity. we are waiting for dna to come back as interim orders were adjourned until result comes in. My baby is 2 yrs old and i was a … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
My eldest son and daughter stayed with there poternal
My eldest son and daughter stayed with there poternal grandparents for 16 months at which time i needed medical treatment for ptsd due to related trama from domestic diolence with childrens father. Af… read more
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
7,683 satisfied customers
My 15 month old grandson who has just been diagnosed with
My 15 month old grandson who has just been diagnosed with cerebral palsy, lives with his mother (who has mental issues) and his maternal grandmother. DHS was involved because of the mothers mental ill… read more
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
7,683 satisfied customers
I would like to (as does my wife) adopt my wifes son,
I would like to (as does my wife) adopt my wifes son, however my wife is not convinced her sons biological father will agree to this. "my" son is now 8 and knows nothing of his biological father as he… read more
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
7,683 satisfied customers
Our daughter inlaw who has had on going depression since she
our daughter inlaw who has had on going depression since she was twelve is saying she is moving out of the matrimonial house with the three children. Her first born is not our biological grand daughte… read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
Could you kindly provide a definition of "Primary Carer" My
Could you kindly provide a definition of "Primary Carer" My daughter is separated. The Orders provide he has alternate weekend care. He does not pay for food, household expensed clothing of 3 teenage … read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
I have been the primary carer of my sons three children since
I have been the primary carer of my sons three children since September 2012. We had an incident 2 days ago where my son became angry with his 10 year old son. He grabbed him by the necklace he was we… read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
if a child is born and the mother does not know the identity
if a child is born and the mother does not know the identity of the father, and the mother does not name any father on the child's birth certificate, what are the legal implications for a father? Can … read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
I have three grandchildren. One is Chinese born with an Australian
I have three grandchildren. One is Chinese born with an Australian passport. He is not my biological grandchild but in reality he is one of our family. His grandfather resides in Australia. The father… read more
Patrick H.
Lawyer
5,422 satisfied customers
What rights do grandparents have if their grandchildren were
What rights do grandparents have if their grandchildren were conceived by donor sperm.Also in case of a separation what are the husbands rights as he was the one to walk out of the marriage.… read more
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
My husband and I recently found out that a child he may or
My husband and I recently found out that a child he may or may not have a fathered from a relationship years ago would like to meet him. This child has been legally adopted by another man, but the rel… read more
Deborah Awyzio
Principal Accredited Family Law Speciali
Bachelor's Degree
863 satisfied customers
i am an intervener in a custody case.the mother has accused
i am an intervener in a custody case.the mother has accused the paternal grandfather and the paternal grandmother of sexual misconduct toward herself the father and the child. the judge has said if th… read more
Advocate
Master's Degree
350 satisfied customers
A father has gone through court, been appointed the sole custodian
A father has gone through court, been appointed the sole custodian with the mother losing all rights to child/children then the father finds that a child is not biologicaly his. What procedure does he… read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
I am the paternal grandmother of my grandson to be born on
I am the paternal grandmother of my grandson to be born on the 6-5 2009, child safety have removed my son's four step children already and we are fighting to get them back, if they try to take my gran… read more
Deborah Awyzio
Principal Accredited Family Law Speciali
Bachelor's Degree
863 satisfied customers
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.
JustAnswer in the News:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
What Customers are Saying:
Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Edmond, OK
My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
Redwood City, CA
I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
Wichita, KS
PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Houston, TX
Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
Atlanta, GA
It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.
Apopka, FL
Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.
Freshfield, Liverpool, UK
< Previous | Next >
Meet the Experts:
Sean
Experienced lawyer
855 satisfied customers
Law degree with 1st class honours from Australian National University.
Darren Kruse
Solicitor
16 satisfied customers
Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.
John Melis
Lawyer
35,824 satisfied customers
Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts
Leon
Solicitor
52,712 satisfied customers
BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Daniel
Solicitor
7,683 satisfied customers
Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Patrick H.
Lawyer
5,422 satisfied customers
Dip Law LPAB - Sydney based lawyer
James D. Ford
Solicitor
1,600 satisfied customers
Lawyer | Founder & CEO at Blue Ocean Law Group
< Previous | Next >
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.
