Legal advice for visiting my granddaughter in Australia

why this entitled OP feels that her needs take precedence over the needs of the father and GC is anybody's guess.

Just rent a place closer to where your daughter lives and stop being so selfish

This holiday with granny is not nearly as important as the child establishing her new routine with spending time with her father. The legal system is not a weapon to use to facilitate holidays. What's best for the child is that contact with her father is regular and routine. He is not obligated to compromise on this and it is not the OP's place to ask. Divorce is never convenient, but no one else's wishes outside of this separating family have any place being shared to the soon to be former couple at this time.

True Callistemon21 - but in this case we know it's a seaside trip from NSW. This is why I suggested a river beach holiday instead. Closer to home but still watery.

biglouis

Why a six hour drive? Does your grandchild live on a remote sheep station in the outback with nowhere for you to stay? So you have to stay in the nearest town??? All this sounds very odd.

If they lived on a remote sheep station in the outback it would probably take six hours to get to the nearest town 😁

biglouis the 3 year old lives in NSW and 6 hours away apparently is the seaside that the grandmother was intending to take the infant and their mum to - on holiday.
Obviously there are other places to stay but this seaside is the OP's choice.

I think there are 2 threads accidentally about this.
I suggested somewhere that they go to an area with a riverbeach that isn't so far away. A little one like this will be happy wherever I think.

Why a six hour drive? Does your grandchild live on a remote sheep station in the outback with nowhere for you to stay? So you have to stay in the nearest town??? All this sounds very odd.

If he is reasonable he should come to some agreement

Exactly nanna8. If the child lived in the UK then either parent with parental responsibility can take their child on holiday for up to a month. That is the law here but I don’t know the law in Australia. And indeed many families are are able to come to arrangements perfectly amicably about holidays and the father will take the child away for a holiday and another time the mother will take the child away on holiday. Perfectly reasonably. But this father is exercising control over the mother primarily. Many ex husbands do this and some ex wives do it too.
The best thing this family can do it seems to me, is holiday in the mother’s home town, or very close to it. Then the grandparents can spend time with their daughter and also their grandchild, on the days they’re allowed.

A six hour drive away ? Come on. There are loads of places to stay in Australia, even in the smallest towns. I just can’t get my head round that because that means a 12 hour round trip. Can you talk to the father and explain that you would like to see the grandchildren and perhaps you could see them at the same time they are staying at his place ? If he is reasonable he should come to some agreement.

I think the OP’s ex son in law can’t do anything right in her eyes, her view is reflecting, allegedly, what her daughter’s slant is on the situation.

I hope the OPs family is not in this position, but none of us know what she may not be telling us.

So much hype from people who think they know everything but actually know nothing. It would be lovely for every family if everything was nice and civilised, but often it’s not, and in some cases, for very good reasons.

maddyone

NotSpaghetti
I realise now that the little girl is indeed very young which does make a difference.
I simply remember my ten year old grandson being absolutely distraught only two weeks ago when we left New Zealand. Of course, our grandchildren have only lived in New Zealand for two years and are only there because of the way their father behaved. My daughter is hoping to bring the children back for four to six weeks this coming Christmas. My grandson knows this and said ‘but Christmas is forever.’’
I do think if Gransnetters have no experience of this type of situation, then it’s difficult for them to understand. I see the same lack of understanding when posters are given advise about how to behave in all sorts of scenarios. If we had not taken the advice of Gransnetters it’s just possible that we, and my daughter and her children, would not be in the distressing situation they are now in.

While that is sad it doesn’t change the reality that the child’s situation has changed. Children of divorce rarely get to go on 4-6 week holidays because even to see the grandparents because both the child’s parents are rightly entitled to spend time with their children. And children are benefited from regular time with both parents , far more so than extended visits with grandparents. As nice and wonderful as grandparents are. The ops granddaughters fathers has ever right to say no he’s not going a months time without seeing his daughter So she’ll need to adjust - perhaps just a week at the sea this year , or ist enjoying eachothers company near to where they live. A good friend of mines daughter lives in the US with her family and since her divorce they go to visit her but she’s not returned to the uk to visit because the child’s father doesn’t want his children leaving the country. Such as the way it is in situations of divorce. While it’s difficult I can understand the thinking. If the daughter lived here and he wanted to take their children abroad where she had no readily available recourse to demand they be returned to her I doubt my friend would be advising her to allow it.

The op should go to see her daughter and grandchild and do whatever needs to done to make
The visit meet their new reality.

NotSpaghetti
I realise now that the little girl is indeed very young which does make a difference.
I simply remember my ten year old grandson being absolutely distraught only two weeks ago when we left New Zealand. Of course, our grandchildren have only lived in New Zealand for two years and are only there because of the way their father behaved. My daughter is hoping to bring the children back for four to six weeks this coming Christmas. My grandson knows this and said ‘but Christmas is forever.’’
I do think if Gransnetters have no experience of this type of situation, then it’s difficult for them to understand. I see the same lack of understanding when posters are given advise about how to behave in all sorts of scenarios. If we had not taken the advice of Gransnetters it’s just possible that we, and my daughter and her children, would not be in the distressing situation they are now in.

I believe the OP has explained that they hire a place near the beach, six hours’ drive from the daughter’s home.

The time you save in not doing a 6 hour drive will surely add more opportunity to see your GD. Stay much closer and make the most of the longer days you have with GD , but please keep in mind that the child will have her own friends,plans and arrangements and you cannot demand all of her time constantly ( depends on her age of course, but if she is very young she will probably have nursery or similar which should continue irrespective of visitors)

maddyone going on holiday once a year is hardly a routine. I doubt the child can actually remember having been twice on holiday with her grandmother as she would have been just one year old the first time and then just two. She is only 3 now.

Compromise is certainly required. Sadly all too often this is lacking in separating couples. The daughter will no doubt be very happy to see her parents and have their support at a difficult time. The ex son in law, maybe not so much and may well be very obstructive. All parties need to compromise.

Dear Cleverfairy13, I wonder if you meant to use the word ‘legal’ and were really hoping for some sensible advice about seeing your grandchildren while you are in Australia for a relatively limited time?

It looks as thought your ‘legal right’ in Australia is much the same as it is here in the UK:

‘While it is clear that the rights of grandparents to see their grandchildren in Australia can be achieved through the court, there may be instances where a grandparent may have to go one step further and apply for parenting orders.’
emfl.com.au › what-does-the...
The Rights of Grandparents to See Their Grandchildren in Australia

On the face of it, there’s time for both you and the child’s father to see the child in the six weeks. But we all know of cases where one or other party has made any contact difficult.

Compromise, compromise, compromise is what is needed and accept that grandparents very seldom have any ‘rights’. It sounds a sad situation, I hope that the trip and visit goes as well as possible. 🌷

Easily done! 😁

Major Howler !!!!! I've ignored the title of the post !!!

Dunces Corner.

The heading asks for legal advice. That implies that legal action was being contemplated.

I agree with all the posts that state that the Father's recently negotiated arrangements to see his daughter must absolutely take precedence over any desires of the visiting grandparents, but I don't see anywhere any evidence that Cleverfairy13 is contemplating legal action ??
She requests "advice" and much excellent advice has been given.
I don't think she's thinking of taking him to court, surely, because that would be mad! Forget any moral or fairness considerations?
I agree that she should make the best of any time she can get and remain good -natured and co-operative and flexible for everyone's sake , especially her own.
Good luck , mate ..... stay sensible

knspol

Very strange message. Like others I do not understand why you are travelling all that way to see daughter and GD and yet are staying 6 hrs away from them. Surely that cuts down drastically on any time you have to spend with either of them. You are not the priority ( hard as this may be for you to accept) in this the parents are and you cannot expect to keep dad or Gd away from each other just because of your timeline. As for legal action, forget it, imo you have no grounds whatsoever for attempting to disrupt arrangements made between the two parents and probably the court, for your own convenience.

The OP will not be alone she has already said she hires a place for her DD and GD 6 hours from where they and the father live

My son and my ex Dil used to live overseas when they were married great but after divorce I also have to share my time with my Gra daughter and I still do 10yrs later He has his alone time with her and I have my time with them. I don’t get alone time with her. The way you got to look. It’s his child not yours you can’t begrudge him time on his own with her. Even if you get only one day with her it’s a bonus unfortunately that is the price of divorce. Think how he feels only having a few days with his own child. I understand it’s hard but you got to put his feelings before your own. Time is precious enjoy your time you do get and let him enjoy his.

Very strange message. Like others I do not understand why you are travelling all that way to see daughter and GD and yet are staying 6 hrs away from them. Surely that cuts down drastically on any time you have to spend with either of them. You are not the priority ( hard as this may be for you to accept) in this the parents are and you cannot expect to keep dad or Gd away from each other just because of your timeline. As for legal action, forget it, imo you have no grounds whatsoever for attempting to disrupt arrangements made between the two parents and probably the court, for your own convenience.