Grandparents and private custody arrangements
My parents have been caring for my daughter for 6 years (she is still a child) while I moved away to gain employment, in a private care agreement
between ourselves (I was and still am fully financially responsible for
her, and see her in school holidays and more often where possible), and
now I am in more of a position to have her back full time. If my mother
doesn't agree to this, is there anything I can do to override it? I wish
to avoid disputes but would like to know legally where both of us
stand, and what options are available to us, please. I've searched
everywhere and can only find references to instances of custody
arrangements for grandparents in the event of divorce.
We would need more information on your circumstances, the details of your daughter and the nature of the relationships etc, but the Family Law Act preferences a parent having parental responsibility for their child over any other relevant person.
As you currently only have a private agreement in place there is nothing stopping you from retrieving your child at any time, and taking her home. Your parents may then wish to make an application for parenting orders, and a court will then make orders relevant to the circumstances of the parties including the wishes of the child if old enough to have an opinion, the court may very well give weight to the informal agreement you currently have in place and / or the current status quo of living situation of the parties
That said the fact the grandparents appear to be a major part of your child's life would not be overlooked by the court. The court will only consider orders 'In the best interests of the child' and may consider parental responsibility, living with and spending time with any or all the parties.
you should seek proper advice in this matter, spending $500 now on formal advice may save you thousands in the long run not to mention heartache
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