So, is it possible to win when fighting against grandparents rights? Yes. Before we tackle this sensitive matter, we should highlight the importance of the child’s best interests. You can read our article here that explains this legal principle that the Family Law Act 1975 gives weight to.
To summarise, this legal principle protects children from any type of harm. Additionally, it also gives them a safe space to grow and also build a meaningful relationship with their parents, family members, and even extended family members. Yes, this includes grandparents.
Grandparents are just as as important as any other relative in a child’s family and can play an important and active role in a child’s development. However, in some cases, a parent can prevent them from being the child’s caregiver.
What Can a Parent Do Then?
Parents are naturally protective of their children. They want to provide their children with the best life they can have and have them develop a proper relationship with their relatives. Sadly, it’s more common than we think that there are relatives that just make a child’s life worse. Grandparents are no exception to this.
There are numerous reasons why fighting against grandparents rights is done. Parents can take two approaches while doing so:
- A parent can petition to the court by terminating the grandparents visitation rights;
- And second is adopting the child out of their family if you are a step-parent
On both ends, losing contact with grandchildren may be both tough and devastating. It can be extremely difficult to deal with. Sometimes, this may result in grandkids simply moving away with their parents or a family quarrel.
Fighting Against Grandparents Rights: Does It Say So in the Law?
The Family Law Act defines a grandparent as the parent of a child’s mother or father. They can be biological grandparents or non-biological grandparents in some situations. Hence, a child has the right to spend time and speak with both of their grandparents. Section 60B of the Family Law Act that talks about this.
The Act specifically mentions that a child should keep in touch with their grandparents. Having said that, just because a parent-child relationship has broken down does not mean that grandparents have an automatic legal right to contact or care for their grandchildren. In the end, it comes down to the child’s best interests and limiting contact by fighting grandparents rights.
Before fighting against grandparents rights to see their grandchildren in Australia, one must know that the court will consider if the relationship is in the child’s best interests. The court will consider many criteria under Section 60CC of the Family Law Act, including:
- The benefit of the child having a relationship with their grandparents;
- The need to protect the child from physical or psychological harm;
- The nature of the relationship between child and grandparent;
- The capacity of a grandparent to provide for the child’s emotional and intellectual needs;
- The likely effect of change on the child; and
- The practical difficulty and expense of the grandchild spending time with and communicating with a grandparent.
Fighting Against Grandparents Rights: Kinship Carers
Kinship carers are people who can take care of a child when the parents fail to do so. Grandparents are also kinship carers along with aunts, uncles, siblings, and even family friends. Now, you may have realised that grandparents can have legal rights over their grandchildren since they are kinship carers.
In fact, kinship carers can apply for parenting orders if they think it’s necessary. Parenting orders are court orders that allow people to gain a parenting status over children. However, the kinship carer must prove that the child’s care and well-being are in danger under the child’s parents. Some factors that can prove this are if the child experiences the following:
- Domestic violence
- Physical, sexual, and psychological abuse
- Neglect
- Exposure to substance abuse
- The inability of parents or a parent to provide a safe environment for the child
Do the factors above apply? If so, you can download a parenting order here. Make sure to seek legal advice first before you apply for a parenting order.
Top 4 Tips for Fighting Against Grandparents Rights
1. Terminate grandparent visitation
Parents can stop grandparents from visiting their grandchildren. This can be as simple as talking to them in person about it. Parents can also send a text or a call if they cannot take the tension of a face-to-face confrontation about the termination.
2. Consult a family lawyer
Family lawyers are the go-to people if you are fighting against grandparents rights. Usually, they will suggest that both parties (parents and grandparents) go through mediation. This is a famous family dispute resolution service that is generally less expensive than court proceedings. If things go well, it can also preserve family relationships.
3. Adopt the child as a step-parent
This applies to non-parents who are fighting against grandparents rights. Are you an uncle or an aunt to the child? Maybe there are other family members who are concerned about the child’s safety who want to adopt the child. This is a bold move. Though, it can work if the court can see that both parents and the grandparents are not safe people for the child to live with.
4. Gather evidence
Any party to such cases must gather the right evidence to prove their right to take care of a child. They must demonstrate that circumstances have changed and that grandparent visits are no longer in the child’s best interests. Do you need help in recognising child abuse to list down as evidence? Click here.
Seeking Help From Court
If parents won’t allow their child’s grandparents to visit them, they must notify the grandparents. Therefore, the parents will have to initiate parenting proceedings. The parents may also need to send a summons, which the clerk will supply.
A summons is a court document that informs the defendant that they have to attend before a judge. This specifies the date on which they must appear in court. The court cannot hear a case until the summons and complaint have been served on the defendant. Remember, such proceedings will only apply if mediation is not enough to settle the dispute.
You’ll have to explain why circumstances of why you are fighting against grandparents rights. If visitation is no longer in the child’s best interests, you must back this claim clearly and honestly.
The prevailing party is usually in charge of filling out an order. You should be able to use blank order forms in the courtroom and it must then be submitted to the judge for signature before being distributed to the other parties.
Grandparents who have been alienated from their grandchildren can contact the family relationship advice line ( 1800 050 321 )
From The Grandparent’s Point Of View
Today, despite grandparents’ best efforts to claim their rights, they might not be permitted to visit their grandkids. Whatever the case may be, it’s critical to figure out how grandparents are feeling and build a strategy for dealing with their emotions and reconnecting with their grandchildren.
Grandparents frequently believe they have been denied contact with their grandkids due to no fault of their own, causing bewilderment and resentment. In general, there are two reasons why parents are fighting against grandparents rights:
- Either the grandparents are guilty of something, whether they realise it or not;
- Or the parents are punishing grandparents for another reason.
Grandparents can’t automatically have a relationship with their grandchildren. However, they can use parenting orders if they have an ongoing relationship with their child. This is the case if the child’s care, welfare, or development is in danger.
This order will allow grandparents to communicate with or spend time with the child. It will be up to the family court to decide what should happen while following the best interests of the child.
Is Sole Parental Responsibility Possible?
This is a more controversial topic since this is only possible in extreme cases. Sole parental responsibility means one person can only have custody of a child. Usually, this stems from parents (or even grandparents and other family members) who are abusive towards the child. While visitation rules may still apply, it will require strict supervision.
Read more about sole parental responsibility and sole custody: Sole Custody NSW | Parental Responsibility Australia | JB Solicitors
A Parenting Order Warfare
To sum everything up, either parents or grandparents can apply for a parenting order. Nonetheless, both parties should always ensure how to make care arrangements for a child. Either party cannot simply rule someone out of the equation for parenting arrangements. Who will the child live with? How will visitation rules apply? Who is not acting like a proper parent?
Regardless of these questions, one answer will remain: Anyone can be the proper parent for a child as long it is in the child’s best interests. d as long it is in the child’s best interests.
How Can We Help Your Child Get the Best Life?
Going to court as a parent is never pleasant, especially when it involves family members who want rights over your child. On the other hand, grandparents can still exercise their right to apply for parenting orders. Whatever the outcome of each unique case, it’s always important to remember the welfare of a child.
This is why JB Solicitors‘ mediation services help in reaching an agreement outside of court. We believe that this is the best approach to resolve any concerns, especially family disputes. If mediation does fail, our experienced family solicitors handle child custody cases properly in court.
Contact JB Solicitors today if you want to know more about fighting against grandparents rights
