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Grandparents rights to access, when their own child is deceased?

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Grandparent visitation rights

Firstly I am the aunt in the situation and am looking for advice for my parents. My brother died 4 years ago and ever since contact with his children has been near impossible to arrange. The mother will not answer or calls and will say she will be home, but when my parents make the two hour drive to see them she won't be home. We have tried to negotiate with my deceased brothers widow, she always says the right thing but then will not answer the phone or even the door when the neighbours have said she is at home. After 4 years of trying my heart broken father is considering legal action to obtain some access to my two nephews.

My family didn't only lose my brother four years ago, we also lost all access to his kids.

There has never been a fall out as such she has always disliked us. Do my parent ( the grandparent) have the right to maintain a relationship and there for visitation with these kids. They know us and used to have an especially close bond to my father. Her own parents have tried to assist but in their words she will liar so they never know when to believe her, they have also been unable to facilitate any access.

What should my parents do? And do they have any rights given the death of their son?
Kenn1sar said
What should my parents do? And do they have any rights given the death of their son?
This is a fairly typical situation I am sorry to say. The immediate step to take is to get into a mediation centre and commence a mediation program. Failing that get the 60I certificate at the end of the process and file in the Federal Circuit Court for some contact orders. If the mother cannot find time to ensure contact is continued then the court will. It should not be an expensive exercise for them to proceed down this path. If you need further guidance contact us again and we will arrange a practitioner to call your parents.


Executive Secretary - Shared Parenting Council of Australia
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