GRANDPARENTS AND OTHER RELATIVES - KNOW YOUR RIGHTS
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It if often difficult in a relationship breakdown for Grandparents (and other relatives, e.g. Uncles and Aunts, etc) to maintain contact with children embroiled in a matrimonial dispute. |
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Often, Grandparents will have played a significant role in the upbringing and nurturing of the children. |
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The Family Law Act significantly recognises that the Grandparents of a child have the right to institute proceedings to ask for Parenting Orders in relation to children. |
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In considering whether the Court will make any Orders for the Grandparents, the Court will always regard the best interests of the children as the paramount consideration. |
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There is no right at law that Grandparents must have contact or continue to see their Grandchildren. |
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The Family Law Act does, however, recognise the importance of the roles that other persons play in the child's upbringing. |
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Each matter will depend upon the particular facts and peculiarities of circumstances relating to the children. |
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In general, however, as Grandparents or other important relatives of the child, you do have the ability to negotiate and to seek Orders for ongoing contact with the children and if this is in the children's best interest then the Family Court will try to facilitate such contact. |
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In a lot of situations however, it is extremely difficult where there is a high level of conflict between the parents, for the Court to juggle other people's desire to see the children when it must also resolve the very difficult issue of the parents' conflict relating to the children. |
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We can provide you with further detailed advice on how to negotiate and best reach an agreement to enable you to see your Grandchildren. |
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March 2001
I just wanted to thank you for your assistance over the past few months in relation to dealing with the children and their father.
I am happy to advise that both the children have been given permission to reside with me and I am currently applying for legal aid to make some formal/permanent arrangements.
I found your firm to be professional and most understanding with my case...
