1 Comments Family & de facto law, financial agreements, consent orders
Your daughter would be best advised to contact a lawyer to obtain legal advice. We do offer a lawyer referral service to locate an experienced and recommended lawyer in the area where your daughter lives. Alternatively, if your daughter would like some initial advice over the telephone, we offer a telephone advisory service whereby we can put your daughter in touch with a lawyer who can discuss the issues for a limited fee. This service is available by telephoning 1300 728 200.
The following is not legal advice and should be treated as information only.
Your daughter needs to try and make reasonable arrangements with her husband and mother-in-law for them to have contact with the child. The Family Court can provide contacts for professional agencies who can provide counselling or mediation services to assist parties in reaching agreements for contact with children. Alternatively a solicitor could write to the husband on your daughter's behalf making an offer of suitable contact arrangements. If an agreement is reached, this can be made legally binding by applying to the family court for a consent order which would set out the terms of the agreement reached. If an agreement cannot be reached, the husband could apply to the court for a contact order which would set out the precise arrangements for contact. The court would expect him to have made efforts to resolve the issues prior to making the application otherwise he may be penalised by having to pay costs. Information is available by accessing the Family court of Australia's website at www.familycourt.gov.au.
Both your daughter and her husband are responsible foir the financial support of your grandchild. Your daughter should make an application to the Child support agency for an assessment of the amount of child support payable by her husband and information on how the payment can be collected. The CSA website is www.csa.gov.au.