VIC How to See Granddaughter Under Family Law?

[Herb Birthise]

I have been cut off from my granddaughter [Name redacted by Moderator] in Rochester, by my son & my daughter-in-law for the past 5/6 years, without an explanation as to why. I am extremely ill and am not given that much longer to live. I am 82 years of age, have a pace maker & defibrilator in my chest. My liver, kidneys and lungs are not working, and I'm now having trouble moving around. All I want is to see my granddaughter once before it is too late.

There has been no communication from my son regarding this other than when my daughter [Name redacted by Moderator] went around to see him last week and he angrily said no. Also said he hope I'd die a slow and painful death. He has also disowned his two sisters who have not done or said anything against him either so we are in the dark as to what his issue is.

Please, how can I get to see my beautiful granddaughter under family law before I leave this earth?

 

[AllForHer]

I am sorry for your circumstances, they are very unfortunate to say the least.

Where the parents are not agreeable to the child spending time with you, I am afraid the pathway for legal remedy is a very long and slow process.

The first step is to organise mediation with the child's parents to try and negotiate an agreement. This is a mandatory pre-procedure step, so you must attempt mediation before you can seek a legal remedy with the Court.

There are certain circumstances under which mediation can be foregone, so my suggestion is to contact Legal Aid for legal advice about this matter, or otherwise speak to Relationships Australia to commence organising mediation.

In the event an agreement can't be reached in mediation, you can file an initiating application with the Court for parenting orders. It usually takes six or so weeks for a first interim hearing, at which time the Court would consider whether or not to place interim orders into effect while the matter is awaiting a final hearing.

Given your age, your health, and your wishes to see the child 'once before it is too late', it's likely the Court would grant interim orders for the child to spend time with you (though it may be under certain conditions - supervised by a family member, for example, or just for a day visit).

The issue is that this process can take a very long time, so you would almost be banking on the imposition of interim orders so that you can see the child in the nearer future.

I strongly suggest contacting Legal Aid for advice on this, or otherwise, some firms offer a free first hour of consultation for legal advice. I think they will be able to assess your personal situation more carefully and give you much better guidance on the outlook.