When families go through separation or divorce, the impact is often felt beyond the immediate circle of parents and children. Grandparents, who may have played a crucial role in their grandchildren’s lives, sometimes find themselves cut off from contact or facing uncertainty about their rights. Fortunately, Australian Family Law recognizes the importance of grandparents and their potential role in children’s lives, offering them a legal pathway to maintain or regain contact. 

Contrary to popular belief, Australian Family Law doesn’t explicitly grant “rights” to grandparents. However, the law does prioritize the best interests of the child, and within that context, grandparents can apply to the court to have a relationship with their grandchildren maintained. 

The Family Law Act 1975 acknowledges that children have the right to maintain meaningful relationships with significant people in their lives, including their grandparents. If a relationship between a grandparent and grandchild has been beneficial and positive, courts may be inclined to maintain it post-separation or divorce. 

Can Grandparents Apply for Parenting Orders? Yes! Under Australian law, grandparents are eligible to apply for a parenting order. This is especially relevant when they are seeking formal arrangements regarding time spent with the child or when they wish to assume a parental role if the parents are unable to care for the child. 

A parenting order can address several factors, including: 

It’s important to note that applying for a parenting order is not a guarantee that a grandparent will be granted visitation or custodial rights. The Federal Circuit and Family Court or Family Court of WA’s primary consideration is always the welfare of the child. 

When making decisions on parenting orders, among other things, the court considers: 

Ultimately, each case is different, and the outcome depends on the specific circumstances of the family dynamic. 

If grandparents find themselves struggling to maintain contact with their grandchildren, they can follow these steps: 

  1. Communicate: Try to maintain open, respectful dialogue with the child’s parents. Sometimes, mediation can help resolve issues without court involvement. 
  2. Family Dispute Resolution: Before heading to Court, grandparents must attempt Family Dispute Resolution (FDR). This is a process that helps families reach agreements regarding children without litigation. A certificate from an FDR practitioner is required if court action is needed. 
  3. Seek Legal Advice: Navigating family law can be complex, so obtaining professional advice is crucial to understanding your rights and the most effective way forward. 
  4. Apply to Court: If all else fails, grandparents can apply to the Federal Circuit and Family Court or Family Court of WA for a parenting order. The court will evaluate the situation based on the best interests of the child. 

In rare cases, grandparents may be granted 100% time with their grandchildren. This usually occurs when neither parent is capable of providing adequate care due to issues such as neglect, substance abuse, or family violence. In such cases, the Court may find that placing the child in the care of a responsible grandparent serves the child’s best interests. 

Grandparents play an essential role in the lives of many children, offering support, love, and stability. Australian Family Law acknowledges this role, and while there may not be automatic rights for grandparents, legal avenues exist to preserve these relationships in the event of family breakdowns. If you’re a grandparent facing these challenges, understanding the legal process and seeking professional advice can help you find the best path forward for both you and your grandchildren. 

If you’d like to learn more about this topic, you can begin a conversation with our team of family lawyers by emailing [email protected]