In a family breakdown, the main focus is understandably on the parents’ rights regarding custody of the children. But there are other family relationships that can be extremely important to the children – particularly the role of grandparents.
In separation cases where a parent cuts the grandparents off from seeing their grandchildren, do grandparents have visitation rights, and what are they?
 
The Legal Visitation Rights of Grandparents
The Family Law Act 1975 (Cth) specifically recognises the importance of the relationship between grandparents and grandchildren. It states that children have a right to a meaningful relationship with their grandparents, and that this right is not dependent on the wishes of the child’s parents. The Act provides that grandparents can be significant to the child’s care, welfare and development. This however, does not mean that grandparents have an automatic right to have contact with the children. This will be dependant on a number of things.
 
Protecting Your Bond with Your Grandchildren
So, in regards to the question, “do grandparent’s have visitation rights?”, grandparents certainly do have some rights and responsibilities when it comes to visitation or living arrangements with their grandchildren.
Grandparents who have been stopped from having any contact with the children can apply to the Court under the Family Law Act. The Court will carefully consider whether maintaining your relationship is in the children’s best interests. Your right to apply for visitation rights with your grandchildren applies regardless of whether the parents were legally married, in a de facto relationship, or had ever lived together before.
 
What the Court Will Consider
In considering the case at hand, the Court will consider whether spending regular time together is in the best interests of the children. The Court will assess the existing relationship between grandparent and grandchildren, and the likely effect of change on the children. It will also consider the views of the grandchildren if they are old enough and mature enough to communicate these meaningfully.
 
Do You as Grandparents Have Visitation Rights? We Can Help
If you are a grandparent and want to protect your right to spend quality time with your grandchildren, we’re here to help with personal, tailored advice. Contact Pullos Lawyers for more information about your visitation rights as a grandparent.
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There are many issues to consider when you are choosing the best family lawyer to represent you in the event of a separation. It’s a critical decision because changing lawyers during your case can be very costly – emotionally and financially. With so many law firms around, finding the best family lawyer on the Gold Coast can be daunting.
 
How Do You Find the Best Family Lawyer on the Gold Coast?
Do your research. Start by asking trusted friends or colleagues for a recommendation. These people may have personal experience in using a family lawyer and could help you narrow down a short list. Ask your wider professional network for referrals. Doctors, accountants or financial planners may know the reputation of and be able to suggest the best family lawyers on the Gold Coast for your situation.
 
Choose a Gold Coast Law Firm That Specialises in Family Law
Family law is a very specialised area. Just like you wouldn’t see an ENT specialist for a heart condition, you probably shouldn’t engage the services of an environmental lawyer, no matter how experienced, to secure the custody arrangements of your children. When you’ve narrowed down a list of family law specialists, check which are Accredited Family Law Specialists with the Queensland Law Society. This accreditation proves that the lawyer has attained formal recognition of legal excellence. By choosing an Accredited Family Law Specialist in your local area, you have the confidence that you’re choosing one of the best family lawyers on the Gold Coast.
 
Experience and Reputation Count
Having an experienced and proven family lawyer on your side can make the world of difference to your situation. Check how long the practice has been running, and how many years’ experience the family lawyer has amassed. Are they respected in their industry for being one of the Gold Coast’s best family lawyers? Consider whether they are experienced and knowledgeable across all areas of family law, and whether they successful at courtroom litigation as well as mediation.
 
Go With Who You Trust
Above all, you need to feel comfortable that your family lawyer will understand your specific situation and tailor the right solution for you. If you don’t have that feeling, keep looking. At Pullos Lawyers, we have more than 30 years’ experience as family law specialists. We can assist with international family law, divorce, child custody and many more services. If you’re looking for the best family lawyer on the Gold Coast, we’d love to help. Contact us to find out where you stand.
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Are you a talented family lawyer looking to take the next step in your career? You should be a talented lawyer with 4 to 8 years post admission experience in family law.  Ideally you will have experience in property and parenting matters and other related family law issues such as domestic violence proceedings and child […]

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Schoolies week on the Gold Coast marks for many school leavers the opportunity to celebrate but the dangers swirling around the revellers are intensifying every year. Queensland Schoolies will be partying between 19-26 November while Southern state school leavers have from 26 November to 10 December to celebrate their farewell to 12 years of schooling. […]

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Domestic violence has become such a scourge in the community, our lawmakers must impose tougher penalties for DV offenders. A radical solution is needed because, despite all of the talk and good intentions, the incidence of domestic violence continues to be on the rise. Statistics tell us that last year 80 women were killed by […]

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Almost a year has passed since Pullos Lawyers teamed up with Pollinate Energy, supporting their mission to bring clean, sustainable light to the urban slum communities in India The simple ability to turn on a light is so entrenched in our daily lives that we rarely stop to think about it. Imagine getting home from […]

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Separated parents who need the Family Court to decide who’s having the kids over the Christmas holiday period have barely a week to get their applications filed. Cassandra Pullos says the filing deadline for applications seeking parenting orders relating to the Christmas school holiday period is 4:00pm on 11 November. Missing the filing deadline means […]

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Earlier this year. our Rebecca Barron undertook the challenge of applying to become an accredited family law specialist. This program, administered by the Queensland Law Society, is a program for practitioners who have practiced in the area of family law for a significant period of time and have a very high level of skill and expertise in […]

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What is spousal maintenance? Our Rebecca Barron looks at this issue in an article published on the Single Mum website. http://familylaw.singlemum.com.au/spousal-maintenance-12022016.html

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We attended the second workshop run by Family Law Pathways Gold Coast last week at Bond University – it was such an informative and insightful look into the specialist Family and Domestic Violence Court at Southport and the interaction of that Court with the Federal Circuit Court and the Queensland Police Service. During the panel […]

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Pullos Lawyers have been captivated by the plight of Pollinate, an Australian charity focused on eliminating energy poverty in India, and we are proud to announce our recent corporate sponsorship of this worthwhile cause. With a mantra to create sustainable solutions to social problems, Pollinate empowers local, entrepreneurial Indians to sell clean, sustainable and affordable […]

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How a Domestic Violence Lawyer Can Help You
The reported cases of domestic violence in Australia are extremely alarming. This form of violence has a devastating affect on individuals, families and the community. If you are a victim of any form of domestic violence in Brisbane or the Gold Coast, it’s important to know that a specialist domestic violence lawyer in can help you get your life back on track.

What is Classed as Domestic Violence?
The definition of ‘domestic violence’ is much broader than just physical violence. By law, domestic violence encompasses any act of gender-based violence that occurs within a relationship, either with a family member or an intimate partner. This includes actual or threatened physical, emotional or economical abuse, damage to property, intimidation or harassment, and indecent acts.
 
What Can a Domestic Violence Lawyer Do to Help?
If you think you are at risk, a specialist domestic violence lawyer can help you make a domestic violence application to a Magistrates Court. The lawyer will present the details of your circumstances in court to demonstrate that you are in further danger of abuse if the Order isn’t made. If the Judge considers that an order is “necessary and desirable”, they will grant a Domestic Violence Order (DVO). This will set out the rules and conditions that the person must abide by, such as how they behave towards you and anyone else named in the order. It is important to understand you don’t need to prove the incident/s happened to the same standard as in criminal proceedings – there are often no witnesses to domestic violence and that is not a bar to obtaining the protection of a DVO. In 2018, the National Domestic Violence Order Scheme was implemented nationwide to ensure DVOs are recognised regardless of what city or state you reside in.
 
What if the Person Breaks the DVO?
Obtaining a DVO is crucial to your legal situation, as it can protect you if the person should break any of the DVO’s conditions. You must call the police immediately if this happens and they will investigate. If they can prove that the person is in breach of the DVO, they may be charged with a criminal offence. Your domestic violence lawyer will help prepare you for how to collect proof in the event that this occurs.
 
Your Domestic Violence Lawyers in Brisbane and the Gold Coast
If you are in a position where your physical or emotional safety is at risk, we can help. At Pullos Lawyers, our experienced and compassionate domestic violence lawyers in Brisbane and the Gold Coast can help. We can walk you through every part of the process to ensure that your safety and protection are paramount and that your rights are heard. To find out where you stand, contact us.
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The Facts: Same Sex Marriage Laws in Australia
In 2017, Australia became the 25th country to legalise same sex marriage. A voluntary postal vote saw an overwhelming 61.6% of all respondents supporting a change to the Australian marriage laws to allow two people of the same gender to marry without discrimination. Here are the facts about same sex marriage laws in Australia.
The Requirements of Same Sex Marriage in Australia
In the Marriage Amendment (Definitions and Religious Freedoms) Act 2017, marriage was redefined as ‘the union of two people to the exclusion of all others, voluntarily entered into for life’. A same sex couple intending to marry in Australia must adhere to the same conditions as a heterosexual couple for it to be lawful and legally binding. Namely, the couple must provide a completed Notice of Intended Marriage form to an authorised celebrant and then wait least one month after this to marry.
What Laws Apply to Same Sex Couples Who Get a Divorce?
All same sex couples who marry in Australia or overseas can access the family law system and will be treated in the same way as any other married couple in matters such as divorce, property settlement, time with shared children, and spousal maintenance. Same sex couples who intend to divorce must meet the same requirements for divorce under the Family Law Act 1975.
What Time Period Do Same Sex Marriage Laws Apply To in Australia?
Before the same sex marriage was lawfully recognised in Australia, many same sex couples opted to marry overseas in a country that supported marriage equality, such as New Zealand, Great Britain and Canada. Any same sex couple who had their marriage recognised under foreign law prior to 9 December 2017, can still access Australia’s family law system. Similarly, any same sex couple who married and then divorced overseas before 9 December 2017, can expect that their divorce will be recognised in the same way as a heterosexual couple’s divorce.
Need Help Navigating Australia’s Same Sex Marriage Laws?
The team at Pullos Lawyers is highly experienced in all aspects of same sex relationship law and family law. We can help tailor prenuptial agreements for same sex marriages, and we can also professionally and respectfully assist with divorce or property settlement matters. To find out where you stand, contact us.
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In a De Facto Relationship? These Are Your Entitlements and Rights
If you’ve been living with your partner for two years or more and aren’t legally married, then you are categorised under the Family Law Act 1975 as being in a de facto relationship. But if this relationship has broken down, what exactly are your rights and entitlements when it comes to property, other assets and children? Here’s what you need to know.
In a De Facto Relationship, Are Entitlements the Same as They Are For Married Couples?
Generally, the same laws apply to those ending a de facto relationship as to a married couple divorcing. The Family Law Act 1975 contains the same provisions for de facto couples as married couples in relation to the division of assets and property, money, superannuation and debt, as well as spousal maintenance, and any issues relating to children custody and maintenance.
Is There Any Difference to the Entitlements for Same Sex De Facto Couples?
The Family Law Act 1975 does not discriminate when it comes to a same sex relationship vs a heterosexual relationship in terms of your entitlements and rights. In the event of a divorce, this includes the division of assets and the custody arrangements of any shared children.
Are Your Rights the Same Even if You Haven’t Been Living Together with Your De Facto Partner for Two Years?
There are certain considerations that may affect whether your relationship is legally classified as de facto, as well as how the court will define your entitlements. If, for example, you have a child together but have been living together for less than two years, then you may be able to apply for a partial claim on the property. In some circumstances, couples that don’t live together full time but still share their finances can still be eligible to claim de facto status. Another consideration is whether one partner made a substantial contribution (financial or otherwise) to the relationship or assets.
What is Your Best Course of Action?
To protect your de facto relationship entitlements and rights if your relationship has broken down, it is important that you obtain expert legal advice in relation to your particular circumstances. Pullos Lawyers can help with separation, custody of children, queries around same sex relationship law and much more. To find out where you stand, contact us.
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