Australia Law

Have Australian law questions? Ask a lawyer now.

Ask a Lawyer,
Get an Answer ASAP!

My grandson who is 8years old sees s father every second…

Customer Question
My grandson who is 8years...
My grandson who is 8years old sees his father every second weekend,but there are on some of those weekends he cries as he wants to stay with his mum so he can see his extended family but he is to scared to ask his father as his father always states it is his time.His father will not speak to his expartner(my daughter)still after 6years of seperation and divorce.Does the little fellow have a voice or not.would just like some piece of mind.
Gayleen.
Dalby Australia.
Submitted: 2 years ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 5 hours by:
2/26/2016
Solicitor: Patrick H., Lawyer replied 2 years ago
Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
Verified

Hello and thank you for your question.

Either parent can bring an application for new custodial access orders if they are concerned about the current arrangements and believe they should be changed, but at eight years of age the child is almost certainly too young to have their preferences given much weight.

The court determines custody/access issues based on what it believes is in the best interests of the child and there is a strong presumption that it is in the best interests of a child for it to maintain and develop a good relationship with both parents and it is only where there is evidence that a parent either poses a danger to the child in some way, because of violence, drugs, criminal or mental issues that a parent would normally be denied access or custody.

In your case the unhappiness of the child may just reflect that his father is not much fun for an eight year old to be with, or it could be a sign of mistreatment by the father, but you won't be able to sensibly take action without a firmer basis than you have at present.

If communication was better with the father it would be wise if someone from the mother's family could discuss such concerns to see whether the problem can be identified, but in the absence of such an option, I would suggest you talk to a doctor, preferrably one familiar with the child, and perhaps have the child referred for assessment by a child psychologist. If they think there is an issue that needs to be addressed then likely an application to the family court could be considered, but I would suggest you consult with a fully briefed family lawyer before you pursue family court action as you will want to be clear exactly what outcome you want to get from any application and will want to ensure all your evidence is properly prepared and justifies such action. Simply applying to the court or alleging abuse or similar to police without the assistance of a family lawyer may not lead to the outcome you want and may in fact backfire if it later appears any allegations were made without a proper basis.

I trust the above assists.

Good luck and PLEASE RATE MY ANSWER.

Patrick

Ask Your Own Australia Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a solicitorLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Patrick H. Your Own Question
Patrick H.
Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
5,422 Satisfied Customers
Experience: Dip Law LPAB - Sydney based lawyer

Patrick H. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

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.
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!

Gary B.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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.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!!

ElaineAtlanta, 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.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

27,790 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,976 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

John Melis

John Melis

Lawyer

3,352 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
My grandson was taken to a hospital with a suspected NA, due
My grandson was taken to a hospital with a suspected NA, due to bleeding from his penis. He is six years of age. He was interviewed by police and DHS. No action was taken other then mum needs extra he… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Ex husband is moving in with new partner and is telling
Ex husband is moving in with new partner and is telling child her mum is not her mum and she is going to live with him and not see her mum and grandparents on mums side… read more
Patrick H.
Patrick H.
Lawyer
5,422 satisfied customers
I'm trying to find some information to help my cousin in
I'm trying to find some information to help my cousin in South Australia. I live in Perth. My cousin has a three year old daughter. He and his parents have not been able to have any contact with the d… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
My grandson has a 10mth old daughter. s partner had left m
My grandson has a 10mth old daughter. His partner had left him and he wants to know where he stands legally regarding the child. He is not working but has a very close bond with the child and has even… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
Would like to know what are possible actions I can take to
Would like to know what are possible actions I can take to protect my grandson from Family Violence. Currently he lives with mum full and her partner. My son sees his son every fortnight and school ho… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Hi. My 21 year old son has recently lostbhos battle with depression
Hi. My 21 year old son has recently lostbhos battle with depression and is survived by his 21 month old son. In January this year whilst living with me, my son had a physical fight with myself and my … read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
My partner of 4years and I separated 8 months ago. We have
My partner of 4years and I separated 8 months ago. We have a 2 and a half year old son. During our relationship he was emotionally abusive to me, completely disconnected from my son and a financial bu… read more
Patrick H.
Patrick H.
Lawyer
5,422 satisfied customers
A relationship between my 22 y.o grandson and 20 y.o woman
A relationship between my 22 y.o grandson and 20 y.o woman resulted in the birth of a child, seven months after the breakup when she was living with another man. A paternity test confirmed by grandson… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
If there are court orders in place for a child to see his father
If there are court orders in place for a child to see his father every second weekend but the child spends those weekends with his paternal grandparents, who don't live in the same area as the father,… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
my daughter has been involved child proctection as can only
my daughter has been involved child proctection as can only see her son at a centre, but I would like to know what rights I have in having my grandson on a regular basis as I have been in his life sin… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,976 satisfied customers
My mother has a boarder/lodger living with her in one of the
My mother has a boarder/lodger living with her in one of the spare rooms paying $60 per week. There has never been a written agreement and is a week to week arrangement. It has been around 3 months si… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
hello my name is XXXXX XXXXX husband and i are grandparents to
hello my name is XXXXX XXXXX husband and i are grandparents to 3 year old boy and 2 yearold girl they and my daughter have lived with us the children have been born they have a big family the boy has … read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
My seperated husband who left my 5yo daughter and self for
My seperated husband who left my 5yo daughter and self for a life of young 20's and singledome has just told me 'You are no longer required' for extra looking after lotus when he is at his teaching pr… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
My Grandson was taken by his fathe last night without pemission
My Grandson was taken by his father last night without pemission of my daughter. The arrangement that was made was for the father to visit my grandson in my daughters house overnight whilst she stayed… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 satisfied customers
how does it stand when a father comes in and out of a childs
how does it stand when a father comes in and out of a childs life. My grandson is 2 his fathers name is XXXXX XXXXX the birth certificate He disappears for weeks, months at a time with no contact, doe… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
Our daughter has gone for a holiday interstate with our 15mth
Our daughter has gone for a holiday interstate with our 15mth old grandson - the father is still in Perth. She has advised that she is not returning to her home here and is going to live in a remote a… read more
Leon
Leon
Solicitor
Master's Degree
27,790 satisfied customers
My daughter and I have joint custody of my grandson and now
My daughter and I have joint custody of my grandson and now that his father is out of jail he says he will take us to court for custody. Is he able to do this and if so who pays?… read more
Deborah Awyzio
Deborah Awyzio
Solicitor
Bachelor's Degree
863 satisfied customers
my partner and i have seperated but not had a true relationship
my partner and i have seperated but not had a true relationship for over two years. I stayed in the house for my daughter. what rights does my expartner have under australian defacto law.Do i still ha… read more
Alex
Alex
Lawyer & Solicitor
Master
11,225 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 (last updated February 8, 2012).

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 (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x