Author

Alan Weiss

20th March, 2020

Alan Weiss developed aussiedivorce.com.au after he experienced himself how devastating divorce proceedings can be. I witnessed firsthand my own future security, and that of my familys, being destroyed by acrimonious and costly divorce litigation. I created aussiedivorce.com.au to help people avoid an experience like this and lose thousands of dollars. Instead the aussiedivorce.com.au system will assist them in getting on with their lives.

What are the rights of a Grandparent to his Grandchild and how he can impose it

Grandparents may be a bit nosy and intrusive on how a parent raise his child (their grandchild), but their only main concern is the general welfare and best interest of their grandchildren since they see them as a reflection of their own.

There can be no substitute for the care and support that a parent can give to his child and in this same manner, there can be no substitute either for the care and support that a grandparent may afford to his grandchild. Thus the Family Law Act 1975 recognizes the role of the Grandparent in the proper rearing of a child and it supports the rights of the Grandparent to visit, care and provide adequate support to them.

Grandparents may use the Family Law Act to apply for a court order that will direct the parents or any person who has custody over the child to give their grandparent to spend time with them or even live with them under special circumstances. This order can be issued notwithstanding the fact that both parents are living together or not.

There can be times when the child of a Grandparent or their partner will refuse to let them see their grandchild. It may be due to misunderstanding or past incident that gave rise to the animosity between the parent and the grandparent.

While the Grandparents do not acquire an automatic right to take their grandchildren and take care of them, they can apply before the Court of Law for a Parenting Order which will, if successfully proven, allow them to spend time with their grandchild.

If a Grandparent wishes to enforce his right to see his Grandchild, he should always consult a local counsel first in order to fully understand his situation and their circumstances. The Counsel will provide his best advices based on the facts surrounding the relationship of the Grandparent with the Parents and their Grandchild. It is not enough reason to see the Grandchild because of the personal feelings of the Grandparents. After all, the Family Law Act recognized the right of the Grandparent for the best interest of the Child. 

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