Custody of children after custody of parents:
In most cases, parents can easily decide who will keep the children. Also, they don’t face any difficulty in making decisions for other aspects of their child’s life. They can put these decisions into a written agreement which is known as a parenting plan. Parents can make these arrangements more formal by writing consent orders and registering the document in the Family Court.
If you feel that your relationship with the children will not be the same after the separation of their parents, you can ask their parents to include you in the parenting plan or the consent orders. It is not wise to leave the child’s best interest while making such documents.
How to see grandchild?
The grandparents have the right to see grandchildren in QLD and all around Australia. But if you are having problems with their parents you can follow the given procedure to see your child.
Get legal advice: Each situation is unique, so you should get legal advice.
Dispute resolution: Before going to court try to make an agreement with parents to save time and money.
Going to Court: If unfortunately, dispute resolution fails, you can contact the Court to get an order to spend time with your grandchild.
This is a simple and effective procedure. If you have any query you can contact us to get legal advice.
Parental rights vs grandparent rights: There is not a big difference in parent's rights against grandparent's rights in Australia. But they are not the official guardians of the child until they have a parenting order from the court. If the grandparents feel that their grandchildren are not getting proper parenting, they can apply to the court for custody of the child. If the parents make an agreement for the child after separation, the grandparents can ask parents to add their rights also in the agreement. But still, if the court can order to stop grandparents from seeing the child according to the child’s best interest. Frequently asked questions: If my daughter has named me as the guardian of her children will they live with me and not their father when she dies? Even if you are named as the guardian of the child you don’t have the legal right to force the child to live with you. You can ask the court for custody of the child. If the other parent agrees that the children will live with you, you will still need Court orders. If you don’t have a court order you will have difficulty in dealing with schools, doctors, or government departments.
Can I take custody of the child from my daughter? Sometimes the child’s parents may not be the best of parents. They may have a mental illness or addiction which can affect the life of a child. If you find the child’s life at risk you should contact Child Safety Services. If you think that the child is safe with you you can ask the Court to take custody of the child.
Do grandparents get financial assistance? If you are responsible for at least 35% care of your grandchild you may receive child support. The child support agency calculates care according to the number of nights that the child is expected to spend with you in a year that is 12 months.
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