If there has been a big falling out between a mum and daughter, can the mum (grandmother) take the daughter to court to get visitation or custody of the child? Looking for advice
If there has been a big falling out between a mum and daughter, can the mum (grandmother) take the daughter to court to get visitation or custody of the child? Looking for advice
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14 Replies
Nope. My mum tried that on with me and didn’t get far. I rewarded her by cutting her out of my life completely. Best thing I have ever done. That was 13 years ago and she hasn’t seen her grandson since he was 4.
She is demanding to get both parents' house address, if she doesn't get them by 8am tomorrow morning she said she can legally get them somehow?
She is bluffing. There is nothing she can do. She has no rights over you or your children. However you can take an avo out on her. Let her know if she doesn’t stop harassing you you will do just that.
Why demand from you then? She is definitely bullying and bluffing.
She will have an AVO on her tomorrow apparently
She doesn’t get to demand an address. Ignore that.
She can take you to court but it cost her about $20,000 and she would be lucky to get to see her grandkids for a few hours once a month.
Do Not give her your address. She does not get to dictate that.
No. My ex father in law tried this with his grandkids and didn't end up getting visitation.
Grandparents rights are an American thing. In Australia grandparents have no legal right to their grandchildren. Parents can withhold or cut contact with them when ever they like. My mother tried this with my children when i seperated from my ex and refused to move back into her house. She hasn’t seen me or my children for years now, that’s her fault
Anyone close to a child can apply for visitation in Australia. If you can prove you had regular contact with a child you can apply to keep that contact going. That's why when my kids have kids I will be making one day a week for my grandkids so if anyone spiteful comes along and uses them as pawns I will hopefully still be able to see them. Even if it's only an hour a month on Skype it's better than nothing.
Actually no, to be granted any form of visitation it has to be proven in court that it will be detrimental to the child to not maintain contact with said blood relative. A grand parent that see a child once every few weeks/months for an hour or so is not going to be detrimental to the child if that interaction stops. You can make what ever day you like available but the fact is your adult child do not under any circumstances have to allow you contact with their children. You do not get to dictate or decide what hat will be happening with their children. You have no say and no right to those children. It is all up to the parents, you are only a grandparent.
I'm not even a grandparent, my eldest kids are teens.
But I'm also someone that has experienced parental alienation and know it extends to other family members too, which is why I will be taking the one day a week grandkids day because I know I will be heartbroken if I were ever excluded from my grandkids lives due to someone who needs to exercise power more than letting their children be loved by people who love them.
You speak a lot about the parents and it's their choice. The law is there to recognise the childrens rights to have a relationship with their family, not the parents right to control them.
And I am correct, to be able to apply for visitation of a child that is not yours you need to have and prove regular contact.
As a mother of a boy, it worries me too, when he grows up.
I couldn’t imagine being shut out of my grandkids lives.
I don’t get along great with my mum, she can be quite toxic, but I’d never stop my child from seeing her because they love each other very much.
It would take a lot for me to pull the, I’m the mother card, you can’t see him.
Kids aren’t our possessions, they don’t belong to us because we’re their parents.
Obviously if she was a drug addict or violent and safety was an issue, different story.
Kids shouldn’t lose out because of adult problems.
How many of us hate our exes, but we bite our tongue and do the right thing by our children.