When there is a divorce in a family it is not only the children and the separating spouses that suffer. Grandparents that have had a relationship with their grandchildren also go through the turmoil brought by a divorce. Often the grandparents may not see their grandchildren enough due to several reasons. The parent who has custody over the children may not want to have any relationship with the relatives of the divorced partner.
If you are a grandparent and find yourself in this situation then it is best to contact a family law lawyer. You will learn that there are some grandparents rights that are stipulated in the family act of NSW. The law recognizes that many grandparents play an important role in the development of their grandchildren. In some cases the grandparents even play a bigger role than the parents themselves. The law has now given significant recognition to the importance of a relationship between grandchildren and their grandparent.
The Family Law Act clearly states that the grandparents are given the right to have access to their grandchildren. The Act also states that children have the right to regular contact with both of their parents and other people (grandparents and other relatives) that are significant to their care, development and well being. It also states that children are given the right to enjoy their culture; they have a right to enjoy that culture with other people that share it. The law recognizes that grandparents have a lot of value and culture to enrich their grandchildren. The grandparents rights recognize that there is need for children to gain wisdom from the elderly.
Grandparents that have their right to access their grandchildren disregarded can take the following legal steps through a family law lawyer. Grandparents can through their family law lawyer submit an application to communicate and spend time with their grandchildren. Such an application is used when the parents are refusing to recognize any meaningful relationship between the grandparents and their grandchildren. The grandparents can also submit an application to obtain sole custody of their grandchildren so that the children live with them. Such an application can be used where both parents are unable or lack the ability to take care of their children. Drug addiction and a history of family violence are some of the factors that are considered.
The Court will put the best interests of the child first before deciding the parental arrangement. The Court will analyse the family unit and find out who is the best person to care for the child. The safety and wellbeing of the child is what will be used to assess which member of the family can provide a more meaningful environment. If the child faces any harm by remaining with his or her parents then the grandparents right to care for the child will be considered. The Court may rule in favour of the grandparent since the child’s well being is more nurtured with them.
Some disputes that come up during a divorce can be very personal. Some disputes are expressed with a lot of emotion and it may be hard to remain objective during Court cases. In the end the parents of your grandchildren are still your children and you do not want to hurt them. Because of this a family law lawyer is highly recommended. A lawyer will be able to remain objective through the trial process. This is important because they will be able to present the case in a clear, unbiased manner.
Family dispute cases are very uncertain and the ability to clearly present the facts may determine whether you win or not. Lawyers are also bound by the law to uphold confidentiality so the details about your application will not be disclosed to any unauthorized person. At Aaron Legal, we will advise and guide you on the best way to act and what to expect during such Court hearings.