Applications by Others Withstanding

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Do You Have a Right to Continue Your Involvement in a Child’s Life?

Often there are situations where individuals other than the parents of a child would like to know if they have a legal right to continue their involvement in the child’s life. Any separation has a significant impact on the relationships between the child and others, including but not limited to siblings, grandparents, aunts and uncles. It is important for these parties to understand all of the processes in place, to ensure they can maintain the relationship that existed prior to the separation.

 

Grandparents

During and after separation grandparents are often left feeling isolated from their grandchildren due to the broken relationship between the parents. The law takes into account and highlights the significance of the relationship between grandparents and their grandchildren, and is formulated in a manner that reflects the importance placed on the value of these relationships.

Our processes and procedures are based on the underlying principles of the Family Law Act 1975 (‘The Act’) which includes the right of the child to spend time on a regular basis with, and communicate on a regular basis with, both their parents and other people significant to their care, welfare and development such as grandparents and other relatives”.

If the circumstances surrounding the parents’ separation include the development of a parenting plan, the grandparent should discuss their concerns with the parents first, as it may be possible to include time spent and communication with the grandparent in the plan. If this is not the case, other action can be taken.

 

Kinship Carer

There may be circumstances where a child is unable to live with their parent, and as a result another family member (for example an uncle, aunt or sibling) or other nominated person, may replace the parent as the primary caregiver. In some circumstances, it may only be a temporary care agreement until the parent is capable of taking the child back into their own care or, in other cases, it may be an ongoing and permanent arrangement.

 

What rights do you have as a Grandparent or Kinship Carer?

A grandparent or agreed caregiver may have certain rights (known as ‘standing’) with regard to making Applications to the Court in child matters, in order to ensure they are a part of the child’s care arrangements.

The parents of the child do not necessarily have sole rights to a parenting plan. Grandparents and any person who is ‘concerned’ with the care, welfare or development of the child, are also able to make an Application in this regard. Irrespective of whether an individual believes that they have met the ‘standing’ requirements, it is for the Court to decide whether their involvement in the matter is in the best interests of the child. The best interests of the child is the Court’s principal concern in family law matters and they are bound to consider those interests above all else.

If you are seeking advice or wish to discuss any aspect of business or personal law, contact Julia Adlem at j.adlem@adelaidelegal.com or call Adelaide Legal on (08) 8410 9494.

 

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Julia Adlem

Managing Associate Lawyer

Julia Adlem Adelaide Lawyer
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Stefania Scarcella

Lawyer, LLB

Stefania Scarcella Adelaide Lawyer
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