Grandparents have Rights in Family Law too

8th September 2022
Category Family & Relationships Law

Do grandparents have rights to see their grandchildren? RMB Family Law division explains that there are avenues for grandparents to apply for access to their grandchildren if they have been cut off:

The Family Law Act recognises the importance of children continuing to have a relationship with their grandparents. It states that children have the right to spend time with and communicate with their parents, and other people important to them, such as grandparents.

While grandparents do not have automatic rights to see their grandchildren, they have the right to apply to the Court for a Parenting Order. Parenting Orders can deal with:

  1. where the child lives;
  2. who the child spends time with;
  3. the allocation of parental responsibility;
  4. how the child communicates with other significant people in their lives; and
  5. any other aspect of the child’s care, welfare or development.

When a grandparent applies to the Court for a Parenting Order, the Court will consider, amongst other factors, the following:

  1. what is in the best interests of the child;
  2. the benefit of the child having a meaningful relationship with their grandparent;
  3. the need to protect the child from physical or psychological harm;
  4. the nature of the relationship between the child and grandparent;
  5. any views expressed by the child depending on their age, maturity and understanding of the situation;
  6. the practical difficulty and expense of the child spending time with and communicating with the grandparent;
  7. the effect of any change to the child’s current situation;
  8. the capacity of the grandparent to provide for the child’s needs (this may include the health, age and financial circumstances of the grandparent).

If your child and/or their partner is refusing to let you see or speak to your grandchildren, you can take steps to try to change the situation and re-establish contact and communication with your grandchildren. RMB Lawyers’ experienced Family Law team can assist you to navigate this sensitive area of the law. Your first step should be to contact our office to arrange a free consultation. You can contact us by by phone or our 'Ask a Question' tool on our website.

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