AI Legalese Decoder: Empowering Grandparents with Legal Understanding and Advocacy
- January 19, 2024
- Posted by: legaleseblogger
- Category: Related News
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Adopting My Niece and Nephew After Their Parents Lost Custody
The Current Situation
Six years ago, I made the decision to adopt my niece (9) and nephew (8) after my sister and her husband lost parental rights. A restraining order was put in place against their parents for four years, but due to their actions, it was extended for an additional two years. My mother lives with us, and following the advice of our therapist, I allowed her supervised visitation with the children.
Recent Events
Now that the restraining order is set to expire, my mother has been expressing her belief that my sister and her husband have changed and just want to be a part of their children’s lives again. I have consistently shut down these assertions. However, the situation escalated when my mother unexpectedly brought my sister and her husband with her to an outing with myself, my niece, and my nephew.
My Reaction
Without a second thought, I removed the children from the situation and left. I informed my mother that she is no longer allowed near the kids and that I will be contacting my solicitor to pursue a new restraining order.
The Current Challenge
My mother has been bombarding me with calls, arguing that she has rights and attempting to guilt-trip me into allowing her near the children. I am feeling anxious as I wait to speak with my solicitor, and I am uncertain about how to handle the situation until I receive legal guidance.
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****** just grabbed a
Grandparents rights in Australia isnÔÇÖt a thing. ItÔÇÖs whatÔÇÖs best for the kids.
Sounds like having grandparents and biological parents in their lives isnÔÇÖt in their best interests.
If she’s been calling all night, just that harassment alone is enough to seek a restraining order against her.
Coupled with the surprise stunt she pulled, which could/would/did cause emotional trauma to the children.
If it was me, I’d send her a message saying you have caused emotional trauma to x and y, and now you are causing it to me. Please cease contact. I will contact you if and when I see fit/think it’s appropriate. If you continue with this behaviour, I will have to seek a restraining order.
BTW, grandparent rights are to keep a child out of the foster system. But it sounds like in this situation you were the better/more appropriate fit.
She has a very small chance of rights. Because she clearly has an ongoing relationship of some kind with your kids, she might get a tiny sliver of hope.
HOWEVER, thats all it will be  you adopted the kids, you are their legal guardian, parents even. She has intentionally exposed them to their known abusers so her little sliver of light just evaporated. She isnt acting in the best interests of the kids, and that was her only hope.
Document it all. Try to get those new restraining orders if you can. And then if she really pushes and gets any kind if visitation make it be in a supervised visitation location (paid for by her), to ensure the bio parents canÔÇÖt access the kids.
Block them. Ignore them. Trespass them from your property if they turn up.
As legal guardian you decide who your kids see.
Fam can go to court anytime. Don’t let them use court action as a threat. t’s their right to try their luck in the court system anytime. Also their right to lose a case.┬á┬á
Nope. I would’ve done the same thing. Your mother needs to respect your boundaries put in place to protect the children. If she can’t then she also doesn’t deserve to see them. It needs to be up to the kids (when they are old enough to decide for themselves)
Yes if she has been calling all night calling you vulgar terms that is harassment/intimidation and can carry a jail sentence. Get an AVO or RO. Now. Show police all screenshots showing times of the calls.
She’s got zero chance of getting anything. The court will decide entirely on what’s best for the kids. She has no inherent right as a grandparent to any contact, it’s all at your discretion.
I’d be cutting all ties with her, she clearly can’t be trusted in any way, even supervised. It’s all about the kids. Just be clear and accurate when you talk to them and reinforce that it’s nothing they’ve done wrong and that it’s not because people don’t care about them.
What did they do that makes you so committed to not having them in their lives? Genuine question. Is there no chance for reconnecting? Agree that it was a bad move for her to spring them on you like that at the movies but I can empathise with her wanting the family to be together.
She’s probably desperate so take that into consideration.
But without knowing the back story it’s hard to know what to say?
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Truthfully, I would go to the police station tomorrow to request a RO on her for you & the kids.
You have the kids for a reason, they donÔÇÖt need the emotional trauma associated with events such as today that your mother has created, not to mention has facilitated a breach to current orders.
Cut ties with them all and give the kids a life they deserve drama free.