CHILD ISSUES AND PARENTING
GRANDPARENTS - CAN I SEE MY GRANDCHILD

 

Grandparent attending Family Dispute Resolution (Mediation)

 

As with almost all Applications to the Court seeking an Order to spend time with Children (or a parenting Order), the Grandparents must first attend Family Dispute Resolution to try and resolve the dispute before making the Application to the Court. 

If the Family Dispute Resolution is not successful, the Family Dispute Resolution Practitioner will issue a Section 60I Certificate. 

If the other parties (such as parents) refuse to attend the proposed FDR Conference when contacted by the Family Dispute Resolution Practitioner, the FDR Practitioner will still issue a Section 60I Certificate which will enable you to go to Court but it wil be a certain type of Certificate.

The Grandparent(s) will need to file the Section 60I Family Dispute Resolution Certificate in Court when they file their Application. 

To try to arrange to spend time with Grandchildren a Family Dispute Resolution Provider such as your local Family Relationships Centre can be contacted to have a Family Dispute Resoution Conference held.

A FDR Conference is like a Mediation. Unless a Court accepts there are circumstances of urgency, then before you can start proceedings in Court to get an Order about seeing your Grandchild, you must file a Section 60I Certificate from a FDR provider in Court, which shows the Court there was at least either an attempt to hold a FDR Conference first or a FDR Conference was held but an agreement was not reached at that Family Dispute Resolution Conference.

A Section 60I Certificate is only valid for a period of 1 year. If 1 year has expired, you will neeed to attempt the Family Dispute Resolution process again to get a new Section 60I FDR Certificate.

If all parties attend a Family Dispute Resolution Conferfence and can read agreement about the time a Granchild will spend with their Grandparent then that can be written down in document called a Parenting Plan. More is explained in our Grandparents included in Parenting Plans page.

If agreement can't be reached with one or both of the parents about the time to be spent by a Grandparent and Grandchild, our page How a Grandparent goes to Court details more.

You can also see our page, Why a Child has a right to see their Grandparent.

 

 

 

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Content By:
Michelle Beatty
MRB LAW

Other Questions answered in the Grandparent's time with Grandchild Section

 

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