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In Sydney, Australia. Can court orders help grandparents see their grandchildren?
Here's the translation of the HTML text into English: --- In Sydney, Australia, court orders can indeed assist grandparents in seeing their grandchildren. Grandparents have the right to apply for a Parenting Order under the Family Law Act 1975 to maintain contact and visitation with their grandchildren. Here is detailed information and advice related to this matter.

Court Orders and Grandparent Visitation Rights

1. Rights of Grandparents

According to the Family Law Act 1975, children have the right to maintain relationships with significant people in their family, including grandparents. While grandparents do not have automatic legal visitation rights, they can apply for a Parenting Order from the Family Court to ensure contact and visitation with their grandchildren.

2. Applying for a Parenting Order

Grandparents can apply for a Parenting Order to determine visitation times and other related arrangements. The process of applying for a Parenting Order involves the following steps:

  • Attempt Mediation: Before applying to the court, it's generally required to attempt Family Dispute Resolution (FDR) to resolve the issue. If mediation is unsuccessful, a Family Dispute Resolution Certificate (known as a 60I Certificate) will be issued.
  • Submit Application: If mediation does not resolve the issue, grandparents can submit an application for a Parenting Order to the Family Court or Federal Circuit Court.
  • Court Hearing: The court will hear the case and make a decision based on the best interests of the child.

3. Factors Considered by the Court

When deciding whether to issue a Parenting Order, the court prioritizes the best interests of the child. Specific factors considered include:

  • The child's relationships with parents and other significant family members
  • The relationship and connection between grandparents and the child
  • Whether grandparents positively impact the child's life
  • History of any family violence and its impact on the child
  • The safety and welfare of the child
  • The child's wishes (depending on their age and maturity)

4. Other Relevant Matters

In some cases, the court may require an investigation by social services or family relationship centers to assess the relationship between grandparents and the child, providing a report as a reference.

Explanation of Key Legal Concepts

Parenting Order: A formal order issued by the Family Court or Federal Circuit Court specifying parenting arrangements for children by parents or other guardians.

Family Dispute Resolution (FDR): An informal process facilitated by a neutral third party mediator to help resolve family disputes.

Family Dispute Resolution Certificate (60I Certificate): A document proving that attempts were made to resolve issues through FDR but were unsuccessful, often required when initiating litigation.

Best Interests of the Child: The principle prioritized by the court when determining parenting arrangements, ensuring all decisions are in the child's best interests.

My Advice

  • Attempt Mediation: Try mediation before applying to the court. Mediation can help reach an agreement, avoiding the complexity and costs of litigation.
  • Be Prepared: If mediation fails, be prepared with all relevant documents and evidence to support your application for a Parenting Order.
  • Seek Legal Advice: Consult a family law attorney to understand your rights and the best course of action.
  • Emphasize the Child's Best Interests: When applying for a Parenting Order, ensure all proposed arrangements prioritize the best interests of the child.
  • Submit Application: When necessary, formally submit an application for a Parenting Order to the Family Court or Federal Circuit Court.

I hope this information is helpful to you. If you have any further questions or need additional guidance, please feel free to ask.

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Date
11 August 2023
Place
SYDNEY
Judge
HENDERSON
Highlights
The text contains a description of proceedings between a former husband and wife, which have been ongoing in various courts for over 10 years. The reasons for judgment include a list of documents annexed to the judgment, including affidavits, proofs of debt, and orders made by a judge. The main focus of the husband's cross-examination was on the affidavit of the witness, but as it was found to be credible, this mattered little in the end.
Judgment
The text explains that the liquidator is justified in rejecting in full the formal proofs of debt or claims submitted by Ms L, Ms Scott, and Mr AV. The liquidator is also justified in paying funds held in the account titled ‘I Pty Ltd Liquidation account 2’ as follows and in the following order and priority: (a) in payment of his remuneration as determined in Order 3; (b) to Ms Munayallan (“the wife”) in accordance with clause 4.3 of the Deed of Settlement and Release approved 12 April 2022; (c) to the creditors of I Pty Ltd as follows: (i) Australian Taxation Office; for $4,550.00 (ii) MR AV for $500.00; (iii) Mr AW for $11,879.45; (iv) AX Pty Ltd for $4,443.59; (v) Sydney Water for $5,071.02; (vi) AY Council for $418.88; (vii) Service NSW for $33,840.00; and (viii) AZ Management for $29,895.93; and then (d) retain the sum of $140,000 for future costs and disbursements to be incurred in selling the Suburb MM property, including completion of rectification works in respect of that property, remuneration necessarily incurred in finalising the winding up of I Pty Ltd and the JJ Trust and legal fees incurred in this respect. The liquidator may sign all documents necessary and give all consents necessary to set aside any transfer of any interest in I Pty Ltd to any other party other than the husband.
Legislation
1.Corporations Act 2001 (Cth) ss 425.
2.425(8), 477, 477(2B), 482, 482(1), 482(3), 1335, 1335(2), 60-10 Sch 2, 60-12 Sch 2, 90-15(1) Sch 2, 90-15(2) Sch 2
3.Family Law Act 1975 (Cth) ss 4(1)(ca)(i), 45A, 75, 75(2), 81, 102PE, 102QB, 106A, 106A(1)(b) 106B, 106B(1), 106B(2), 117, 117(1), 117(2), 117(2A), 117(2A)(c), 117B
4.Federal Circuit and Family Court of Australia Act 2021 (Cth) s 67
5.Federal Court of Australia Act 1976 (Cth)
6.Corporations Regulations 2001 (Cth) reg 5.6.71(1)
7.Federal Circuit and Family Court of Australia (Family Law) Rules 2021
8.(Cth) rr 1.31(1), 1.18, 3.09, 10.17, 12.13(4)
9.Federal Court (Corporations) Rules 2000 (Cth) rr 2.13(1)(a), 2.8
10.Civil Procedure Act 2005 (NSW) s 67
11.Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) s 5
12.Limitation Act 1969 (NSW) s 14
13.Real Property Act 1900 (NSW) ss 42, 43, 74MA
14.Supreme Court Act 1970 (NSW) s 67
15.Trustee Act 1925 (NSW) s 63
16.Vexatious Proceedings Act 2008 (NSW)
17.Uniform Civil Procedure Rules 2005 (NSW) r 36.16, 36.16(1), 36.16(3A), 36.16(3C)

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Please note: These law firm's insights are not personalized legal advice. For personalized guidance, kindly consult a law firm.

Can parents decide on child custody arrangements without going to court?

Parents can make their own arrangements through a parenting plan or consent orders, but these arrangements must still be in the best interests of the child. 1.A parenting plan is a written agreement between parents that outlines the arrangements for their child's care, including living arrangements, schooling, and contact with each parent. 2.Consent orders are legally binding orders made by a court, based on an agreement between the parents, that outline the arrangements for the child's care.

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Can grandparents or other family members apply for custody of a child?

Grandparents or other family members can apply for custody of a child if it is in the child's best interests.

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