Question 1

What place does the law give to grandparents?

Accepted Answer

Since the law on parental authority, for a child, seeing his grandparents has become a right affirmed by the civil code. “The child has the right to maintain personal relations with his ancestors. Only the child’s interests can stand in the way of exercising this right. Suppose this is in the best interests of the child. In that case, the family court judge sets the terms of relations between the child and a third party, parent or not”, mentioned by the civil code. The ascendants concerned are both legitimate and natural grandparents, as well as great-grandparents . According to the courts, a personal relationship “creates an emotional bond between grandparents rights and their grandchildren.” In practice, visitation and accommodation rights. The first allows them to receive the child daily, for example, one day per month. As for the second, it is a slightly more extended visitation right since it includes at least one night. There is also a right of correspondence, which consists of the exchange of letters and telephone calls.

Question 2

Can parents prevent their grandparents’ rights from seeing their grandchildren?

Accepted Answer

Only if serious reasons justify it will the Judge refuse a visitation or accommodation right if the parents prove that the grandparents’ attendance compromises their children’s health, safety, morals, or balance. This is the case in alcoholism, brutality, indecent assault, or irresponsibility on the grandparents’ part. But sometimes, a critical conflict between parents and grandparents is considered when parents are against grandparents’ rights in Australia. The Judge may believe that such a situation is detrimental to the child’s development and that it is preferable to end the relationship with his grandparent’s rights QLD.

Question 3

What recourse do grandparents have?

Accepted Answer

Grandparents must seek an amicable settlement to preserve the grandchildren’s balance, even at the cost of significant concessions. Only when the situation is wholly blocked can they consider taking legal action. The last resort, in short. They must then refer the matter to the family court judge of the district court of the residence of the grandchildren. The Judge will settle the dispute according to the interests of the latter. If the grandchildren can express their will, the Judge can hear them. It will set the terms if the court grants visitation or accommodation rights. And will decide, for example, that the right of accommodation will take place one weekend per month.

Question 4

My parents help us financially. Are they obligated?

Accepted Answer

Sometimes it is possible if you don’t have the resources to provide for your children. You must feed and raise your children and, therefore, cannot discharge yourself from this obligation. But if this is not possible, alimony may be charged to the grandparents. The Judge will only make this decision for the grandparent’s rights in exceptional situations. On the one hand, the grandparents must have the financial possibility to pay this pension, and the grandchildren must be in absolute need.

Question 5

I’m a widow. If I were to disappear, who would take care of my daughter?

Accepted Answer

Automatically, his grandparents would be appointed as guardians. As such, they would be responsible for his education and property management. However, if several grandparents wish to become guardians, the family council will make a choice. This comprises four to six members chosen by the guardianship judge from among the minor’s family or any other person (friends, neighbors, etc.) according to the child’s interests.

Question 6

We adopted a baby. Do his blood grandparents retain the right to maintain relations with him?

Accepted Answer

If your child has been the subject of a simple adoption, he retains blood ties with his family. Nothing has changed regarding the rights of original grandparents: they have the right to see grandchildren QLD. On the other hand, in full adoption, the legal ties with his family of origin are definitively severed. However, some contacts can be maintained. Indeed, the Civil Code allows the Judge in family cases to grant, in exceptional circumstances, a right to see grandchildren QLD and correspondence to persons, relatives, or not. Also, some judges considered full adoption an unusual situation justifying giving grandparents the right to maintain contact with their grandchild by blood.

Question 7

Can parents hinder the child’s relationship with his grandparents?

Accepted Answer

The father and mother cannot, except for serious reasons, obstruct the relations of a child with his grandparent’s rights. If no agreement can be reached amicably between the parties, the family court judge settles the relationship. In the event of a divorce, this situation may arise for the parents of the spouse who did not obtain custody of the child. It also happens outside of divorce proceedings when, for no valid reason, the grandparents are prevented from having normal relations with their grandchildren.

Question 8

Who decides in the event of a conflict between parents and grandparents?

Accepted Answer

The family affairs judges of the tribunal do great and instances in which the child’s domicile depends on who decides. It first examines the child’s best interests and may order a social inquiry measure before rendering its decision. He can also hear the child and must do so if the latter requests it to the competent high court or the family affairs judge if the request follows the parents’ divorce.

Question 9

How can a grandparent ask the court for visitation rights?

Accepted Answer

According to the law, a grandparent who wants to ask the court to order visitation with a grandchild can apply to the court to see grandparents.

Question 10

In what circumstances can grandparents make use of this law?

Accepted Answer

Grandparents can make this request, after the breakdown of the family nucleus, either by Death of a parent or Divorce or Nullity of marriage or separation.

Question 11

Is the right of grandparents (as) with their grandchildren (as) automatic?

Accepted Answer

No. The court will evaluate each case considering the best welfare of the minor and will decide whether or not to grant the right to visit the grandparents if there is no opposition from the father or mother exercising parental authority and custody.

Question 12

Can the grandparent request to be related to a grandchild due to an extramarital relationship?

Accepted Answer

In the case of an emancipated minor resulting from an extramarital relationship, neither may the father, mother, or guardian who exercises parental authority and custody over him (the) minor prevent, without cause, that he (a ) interacts with their grandparent’s rights.

Question 13

Why is it essential to foster relationships with grandparents and grandchildren?

Accepted Answer

Children need to experience the love, security, and acceptance that grandparent figures provide. In addition, they provide support in raising children, both physically and emotionally.

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