QLD Grandparents Rights - Will Family Court Grant My Mother Visitation Rights?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now
23 January 2016
2
0
1
Hi,

My husband and I have been having issues with my mother threatening us, saying she is taking us to court for visitation right of our 3 children. My understanding was nothing can go to family court until family mediation has been tried?

Can a judge order her the grandparents rights to visitations without even involving us in the proceedings? It's hard because my mother is a compulsive liar and we never know what is the truth with her.

I don't have a good relationship with my mother. The only contact we have is her constantly messaging, ringing and coming to my house to abuse and threaten me.

Is she likely to get visitation rights under Family Law?

She has a past history of drug use and trafficking, has an assault conviction and has been in the mental hospital 3 times in the last year for PTSD, depression and attempted suicide.

I really don't want this woman around my children.
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
Is she likely to see this through to court? Look, I doubt it and if she does, I'd recommend self-representing...but get back to us on that one when you get served with court papers. I'm willing to bet that will never happen.

Could you let her see the kids for a few hours once a month? You might hate her, but she is the kids' granny...
 
23 January 2016
2
0
1
I have offered to arrange visitation at a center or meet her at a park once a month for a few hours, however, she doesn't see that as acceptable. She wants to be able to take them and do as she pleases and I am not willing to allow that. It's not safe. She is unpredictable.
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Then don't allow it. Wait until you actually get served with an initiating application. In my experience, the bark is always bigger than the bite, and most family members don't want their skeletons dragged out of the closet in a court of law, which is what happens in every parenting matter. I doubt she would even take the first step of pursuing mediation, let alone taking it to court, if she has the history you've described.