Jun
19
We received a letter from my estranged mother’s barrister, which was rather offensive.
It was written by a barrister from the legal aid commission, who basically has told us we *must* allow her to see our children, goes on for a couple of pages. How we *have* to attend a counselling session in Hobart about it, when we live at the other end of the state.
We have a family violence order against her since she verbally assaulted us & our young children earlier this year. Obviously her barrister doesn’t know this, because I can’t see them sending us an evil letter.
Do we need to reply to this letter??
Any advice??
Are you thinking about selling your home yourself? then
Hi Charli,
If you have a violence order against her then you don’t HAVE to do anything, especially let her see your precious kids!!!
Tell her, and that "barrister" to shove their letter up their a**.
I’ve never heard of Grandparents having any right to see children, I’m almost convinced the order is made up. You cant be forced to go to a counselling session like that I’m sure of it.
Your safe I’d wait for a phone call rather than to acknowledge any of that letter.
I seriously doubt that a grandparent has any rights to see a child.
Usually you do have to respond but you should also attach a copy of the violence order. You don’t HAVE to do anything in regards to letting her see your kids, but if anything is going to be done, she needs to make the effort to go to a counseling etc. in your home town. I highly doubt this is legit. as even going to counseling is breaking the family violence order set in place by the courts to protect your children and yourself.
obviously the courts believed her to be a danger to your children so you have no obligations regarding this issue,send a copy of the order to her barrister and tell him to back off
good luck to you
I’m quite certain that grandparents have no legal rights with regard to their grandchildren.
The letter is almost certainly a fake. You should consult a solicitor about it as she may have committed an offence by sending it to you. Don’t reply to it under any circumstances; if there is any reply, it must come from your solicitor.
You may be interested in this article:
http://www.abc.net.au/news/stories/2008/04/08/2211032.htm
All i know is that recently there has been more rights allowed for grandparents – but i was under the impression that there has to be a very good reason for such things.
I dont know where you actually stand, but personally i would be writing a letter back outlining why she cant see your kids – and make seek some legal advice. Good Luck
GrandParents do have rights under family law but they are not great.. And considering the family violence order she would have buckleys… Keep the letter in case anything comes of it. But don’t waste your time by responding as anything you write back will be highly scrutinised by the barrister and may work against you if it goes any further. Keep all correspondance legal get your own legal representation.. Protect your children at all costs.
I do know of grandparents who have been granted access by a court of law to their 2 grandchildren every 2nd weekend, so I googled it, go to http://www.lawsociety.com.au/page.asp?partid=7009
Personally I wouldn’t reply to the writer until seeking legal advice, the first consultation with any solicitor is free and can sometimes be done over the phone.
although it is sad, grandparents can take you to court as they DO have the right to see their grandchildren (friends parents have been through this). If what the letter they have sent you is true (which i highly doubt). Write down everything that your mother has said and done to your children (it wont really matter what she has done to you as its not about seeing you), and get a lwayer. if you do not trust her you need to give the judge a reason to believe that she is unfit to see them without supervision, i wish you all the best as this is a frustrating matter that you shouldnt have to deal with
once again its on at your joint,,lol
i know nothing about the law there but id say no way should she see them, that sux,, how dare she?, xxxxxxxxxxxxxxx
You cannot be compelled to do anything unless there are Court proceedings under way. If there are you have to comply with any orders a Court makes, including attending counselling. If there are Court proceedings someone will have to hand you some papers with a Court stamp on them.