Grandparents are very special people in children’s lives and play a significant role in family law matters. The Family Law Act 1975 (Cth) contains provisions allowing grandparents rights in relation to their grandchildren.

Rights of Grandparents under the Family Law Act

The Family Law recognises that children have the right to maintain regular communication with people who are considered important to their welfare, care and development. However, this does not mean that grandparents do not have an automatic right to spend time with their grandchildren.

Unless there are allegations of abuse or violence, it would be unusual for the Court not to make an order for a child to spend time with their grandparent. Among the factors that the Court will consider is the nature of the relationship between the grandparent and child including whether it is ongoing and of significant value to the child. In some cases, it may be necessary to apply for access or custody of grandchildren where the parent is:

  • Unwilling to care for the child;
  • Unable to provide for or care for the child; or
  • Lacking the capacity to care for the child.

Alternative Dispute Resolution options

Through mediation or settlement negotiations with your children and their spouse, you may be able to reach mutually agreed arrangements about the time you spend and communication you have with your grandchildren. The agreement you reach can be included in a written agreement called a Parenting Plan which is between your children and their spouse. A Parenting Plan is not legally binding or enforceable but will be considered by a Court, if there are later difficulties.

Applying to the Court

If you have been prevented from seeing your grandchildren, you are able to rely on the Family Law Act 1975 to apply to the Court seeking orders in relation to spending time with your grandchildren, including communication with them, or in some circumstances seeking an order that they live with you. As a grandparent, you are able to do this despite the parents of the children being together or separated.

What often occurs when a family relationship breaks down is that the grandparents will only be able to spend time with their grandchildren when their son or daughter is spending time with them. The Family Law Act 1975 recognises the importance of children having a relationship with their extended family members including grandparents, however, what is in the best interests of the child will remain the Court’s priority.

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We know that the divorce process can be strenuous for both parties. If you would like more information on how we can assist you with your property settlement matter or any other family law matters, do not hesitate to contact us on 9963 9800 or via our contact page.