Grandparents are important people in children’s lives and can play a significant role in family law matters. The Family Law Act 1975 (Cth) contains provisions allowing grandparents certain rights in relation to their grandchildren.
What are the Rights of Grandparents Under the Family Law Act?
The Family Law Act 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 have an automatic right to spend time with their grandchildren.
Unless there are allegations of abuse or violence, it would be unusual for the Federal Circuit and Family Court of Australia (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 for grandparents 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 in Family Law for Grandparents
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 the communication you have with your grandchildren. The agreement you reach can be included in a written agreement called a Parenting Plan, which is a formal agreement between your child and their spouse. A Parenting Plan is not legally binding or enforceable but will be considered by the Court if there are later disputes.
Grandparents’ Application for Orders 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. You may seek orders that allow you to communicate with your grandchildren, spend time with them, or in some circumstances, even live with them. As a grandparent, you are able to do this whether or not the parents of the children are 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 child 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.
Contact us
We know that the separation process can be strenuous for both parties. If you need to speak with an experienced lawyer regarding a family law matter involving children, please do not hesitate to contact Etheringtons Family Lawyers in North Sydney on 9963 9800 or via our contact page. We are ready to help with complex family law matters.