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Divorce Guide |
Rights of Grandparents for child custodyGrandparents are an important part of a child’s life in Australia. Most of the young population is working and the grandparents in the family provide the role of childcare. The grandparents are responsible for the overall well being of most of the children in Australia. The divorce rate in Australia is alarming. This breakdown of parental care affects the children and their relationships with their grandparents. Suddenly, the children are separated from their grandparents due to conflicts among their parents. Role of grandparents during and after divorceGrandparents are the strengths of pillars to the children who are involved in the divorce process. They provide the much-required stability in the child’s life. The children who are supported by their grand parents during their parents divorce process are seen to be more balanced. They are able to face the crisis and come out of it more easily. It is also very disturbing for the children to separate from their grandparents suddenly, especially when both of them share a strong bond. Sudden denial to access each other is very shocking for both, the grandparents and the kids. It is in the best interest of the children if parents take a liberal view and consider grandparents rights for visitation and child custody. Grandparents who are actively involved in care of their grandchildren should take some steps to protect their grand parenting rights. They can try to apply for legal guardianship for the grandchildren or can seek legal help and get child custody. Grandparents and child custodyIt may be difficult for the grandchildren to get child custody as parents rights are considered to be stronger. Grandparents can try to solve this issue with the parents and it is better to avoid court and solve it as amicably as possible. In case the parent is not cooperating, a professional mediator can help in the matter. Litigation for grandparent’s visitation rights can be used as a last resort. Grandparents in Australia can benefit if they are able to prove the best interest of the child. They can establish to the court the requirement of the child for support and how is going to suffer by denial of grandparent’s visitation. The courts in Australia consider the best interest of the child and will use the factors mentioned in 68F92 of the family act and grant visitation rights to grandparents. According to the amendment in Family law in 2000, grandparents are entitled to apply for parenting and it is considered in the court as a general application for parenting and guardianship as under 60 b of the Act. This does not guarantee that the grandparents will get the child custody, but the court will at least consider the visitation and other rights of the grandparents regarding the children. There are some laws that consider grandparents rights in Australia, like the 65 C section of the Family Law Act of Australia. You need to check the current status of legislation for grandparent’s rights for parenting and visitation. This way, you can secure your visitation rights and if you are lucky, you may even get parenting rights of your beloved grandchildren.
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Divorce in Australia
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