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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22828
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My daughter and partner of 6 years have separated. They both

Customer Question

My daughter and partner of 6 years have separated. They both have a child each who both children have the same sperm donor (through a fertility clinic). My daughter wants custody of both children and the partner wants to separate them and have her daughter in full time child care and then wants both children every weekend. The children have been appointed a lawyer who believes that because the partner works full time she should have children every weekend. I believe this is unfair. Also the partner is the non maternal partner and I as the grandmother has had more to do with my daughters child. I have bought him up with my daughter, spent more time with him, bought clothing toys and food. So do I have any rights to weekends or permanent visitation rights including sleepovers?
Submitted: 9 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 9 months ago.

As the grandparent you do have an important role with visits and contact. The parents will need to resolve the parenting arrangements, and the test is what is in the childrens best interests. So the relationships are important, which include both parents and the grandparents and the gaol is to ensure that the arrangements are what the children need rather than what the parents want. There are no fixed rules about this, because each case depends so much on the facts in each case. the best plan is to avoid conflict and ensure the parenting plan does work and is practical. The first step must be FDR family mediation where about 80% of these cases are settled. This is started by the parents so you need to be kept in the loop with the mediation so you can be heard.

Sadly if mediation doesnt work then you will need to have a court case where the judge will direct the contact and parenting, likely with the aid of a lawyer for the children and if needed other expert reports. You will be entitled to have input in such a court case

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