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Legal advice for visiting my granddaughter in Australia

(61 Posts)
Cleverfairy13 Mon 19-Feb-24 11:35:05

My granddaughter lives in Australia with her mother (recently separated from partner) we normally visit for 4 weeks a year and go stay about 6hr drive from their home town. The child’s father is now insisting that during our visit he wants his time with his daughter which equates to ten days out of a 26 day visit.
Its a long expensive trip and I’m wanting to know if anyone has either experienced similar or has any advice please
Thank you

maddyone Wed 21-Feb-24 11:44:35

In answer to the query of legal rights, grandparents have none. Even where one parent has been abusive.

maddyone Wed 21-Feb-24 11:42:36

It rather depends on the reason that the couple separated. None of you know the details. Was he guilty of coercive control? Were the police involved? Was there violence? Is he being difficult for the sake of being difficult?
Some men are you know!!

Hopefully none of the above apply. Hopefully the separation was managed well.

Grandparents often have a very supportive role when couples separate. This little girl is used to going on holiday with her grandparents once a year. Why shouldn’t she now? Continuing routines are important in the case of separation. Nonetheless I am unsure why these grandparents choose to holiday six hours drive away. Compromise would seem to be the way forward. Perhaps they could choose to stay nearer to where the grandchild lives.

Katie59 Mon 19-Feb-24 20:20:22

Grams2five

I believe she did in her other post about this I thought ?

Yes, much better explained on 2nd post

Grams2five Mon 19-Feb-24 20:09:25

I believe she did in her other post about this I thought ?

Katie59 Mon 19-Feb-24 20:06:04

Grams2five

Also the use of the word legal a strange - surely you don’t believe that you have a legal right to his time? What’s more the mother ( who I presume is your daughter ) could be looked in quite poorly for denying him his arranged time simply because you were visiting in terms of legal, at least here and I would think is aus too

I rather thought the father was her son and they were visiting the GC together. The OP does not refer to the “mother” asher daughter at all, very strange.

rafichagran Mon 19-Feb-24 18:35:15

She has not heard what's she wants on this post.

Germanshepherdsmum Mon 19-Feb-24 17:45:52

The OP has now started a thread under ‘Estrangement’, with a slightly different story, presumably hoping for sympathy from estranged grandparents rather than giving further detail here. I suggest posters here check out her other thread. My comments remain unchanged.

Smileless2012 Mon 19-Feb-24 16:35:14

Agreed Callistemon.

Grams2five Mon 19-Feb-24 16:34:02

Also the use of the word legal a strange - surely you don’t believe that you have a legal right to his time? What’s more the mother ( who I presume is your daughter ) could be looked in quite poorly for denying him his arranged time simply because you were visiting in terms of legal, at least here and I would think is aus too

Callistemon21 Mon 19-Feb-24 16:33:32

It's not legal advice that is needed, it's the application of a bit of common sense.

BlueBelle Mon 19-Feb-24 16:32:43

Are you a new poster Cleverfairy13 ?

Grams2five Mon 19-Feb-24 16:30:39

GG65

I don’t see the issue.

Of course your granddaughter’s father wants his time with his child.

Surely you don’t expect your granddaughter to not see her father for 26 days? Do you?

This. When a couple separates
They usually share child arrangements and Andy visiting with one side or the other needs to be done on that parents time. While I understand it’s a long trip it doesn’t change the fact that they are his children too. Their arrangement seems it be that if your 26 day visit ten or those are days their arrangement says he gets ti spend with his children. Surely you can’t expect him to l give up his time for his ex wife’s parents?

Callistemon21 Mon 19-Feb-24 16:29:40

You wouldn’t think much of the dad if he didn’t want to see your granddaughter would you ?
That could be a whole other thread!

Callistemon21 Mon 19-Feb-24 16:28:51

What about other grandparents too? Will they have to forego seeing their granddaughter for the four weeks you are there?

TwiceAsNice Mon 19-Feb-24 16:27:00

I’m not sure why you stay 6 hours away either. That’s bit like staying in Scotland when you’re visiting someone in London. It sounds like the contact arrangements with the parents and child are quite new you’ll have to adjust to the flow Im afraid! You wouldn’t think much of the dad if he didn’t want to see your granddaughter would you ?

rafichagran Mon 19-Feb-24 16:26:34

I hope the legal bit in the title is a mistake. If not I think you have a cheek.
Also why stay 6 hours away from their family home, surely that eats into your time too.

Callistemon21 Mon 19-Feb-24 16:26:30

Presumably the mother is your daughter, Cleverfairy.

It's all very confusing.

pascal30 Mon 19-Feb-24 16:24:06

Do you mean that your GD stays with you for the 4 weeks and therefore it would be difficult for the father to see her? This post is very unclear, but what is clear is that the father has absolute priority.

BlueBelle Mon 19-Feb-24 16:15:00

I too am curious as to why you stay 6 hours away from your family do you intend driving 12 hours a day there and back !!! Sounds unachievable Of course her Dad will have her the allotted time that is agreed between them whether it falls in your holiday there or not there won’t be any legalities to change that
What if she was booked up to go away on a school holiday for a week of your stay would you expect her to forgo it ?

Shelflife Mon 19-Feb-24 16:11:05

I really can't see a problem here. You are going for 4 weeks and your GC s father wants to see his DD for 10 days out of your 26 day stay. Does that mean if the father was not seeing his DD you would see your GC every day? I feel sure you can work through this , enjoy the time you are with your GC and enjoy other things on the day to our GC is with her father - I don't think he is being unreasonable. Have a safe and happy visit and and please don't feel put out because the father wants to have ten days with his DD. Good luck.

Callistemon21 Mon 19-Feb-24 16:10:33

Nothing much to add except that this all sounds very strange.

Why go stay a 6 hour drive away from your family?
Why would you want to prevent a child seeing her father?
Will the child be at school for part of the time anyway? The long summer holidays have just finished.

confused

Smileless2012 Mon 19-Feb-24 15:55:09

You will of course have to fit in with your GD's father's time. I would have thought that would be a given.

Germanshepherdsmum Mon 19-Feb-24 14:26:28

It almost sounds as though you are concerned to get your money’s worth out of your visit, in terms of seeing your grandchild. Of course her father is insisting on having his usual allotted time with his daughter, and that’s as it should be. It’s very selfish of you to want to disrupt the access arrangements.

Btw, why do you stay six hours’ drive away? That must eat into the time you have available to see your daughter and grandchild.

Norah Mon 19-Feb-24 14:15:10

I've no idea what legal action you intend, however if I were your daughter I'd side with my (separated) husband and you'd not see any of us. You're considering being horribly selfish because of the price of tickets -- don't.

Katie59 Mon 19-Feb-24 14:04:42

What you mean OP is that you want to know whether you can take legal action against the father to force him to let you see your grandchild at any time you choose while you are in Australia.

You should not go down that route, because any legal action is going to take far longer than your trip it will be costly and if the mother is determined would make it impossible. If the father was living in Australia it becomes more practical to enforce visitation, honesty from the UK there are far too many obstacles.