NSW Grandparents Rights of Non-resident Grandparents?

[Xavier2017]

Hello,

My wife has just received a letter from the Family Relationship Advice Line ("An Australian Government Initiative") informing her that her France-based mother (French citizen) wanted to start a Family Dispute Resolution (under the Family Law Act 1975) to see her 2 grandchildren (5 and 10).

My wife (dual national, French-Australian) has cut all relationships with her mother for personal reasons since 2010 and she doesn't really want her mother to see the children due to the negative impact the nature of the situation could create.

From my point of view, I guess it wouldn't be practical to make any type of arrangement for our children based on the fact that they live far apart and their grandmother is a French national with no Australian residency.

In such situation, what are the grandparents rights (if any) of the grandmother to see her Australian children if the parents don't want her to be part of their lives? We don't want any mediation either or family dispute resolution.

Can the family court give my wife's mother the same rights as Australian citizen/resident?

Thanks,

 

[Lance]

Hi Xavier,

Grandparents don't have automatic rights under the Family Law Act 1975. That said it does mention communication with those deemed to be of benefit to their care, welfare and development. Don't think of it as the mother in law having rights, the court will make a decision based on what is in the best interest of the children.

It's not likely the courts would award anything other than to allow communication in the first instance and you would need to justify why that is a bad idea. If your wife provided information regarding her mothers estrangement during family dispute resolution and it was deemed a significant issue it might support your case.