Grandparents’ rights to see their Grandchildren in Australia
1 Do Grandparents Have Legal Rights to See Their Grandchildren?
1.1 In Australia, grandparents do not have an automatic legal right to spend time with their grandchildren.
1.2 This situation often arises when the parents of the children divorce or separate and contact between grandparents and grandchildren becomes restricted or denied.
1.3 However, under the Family Law Act 1975 (Cth), grandparents are recognised as important figures in a child’s life. They are considered “other people who are significant to the child”, which means they can apply to the Federal Circuit and Family Court of Australia for orders that allow them to spend time with their grandchildren.
1.4 The Court’s primary consideration is always “what is in the best interests of the child?”. If maintaining a relationship with grandparents is deemed beneficial for the child, the Court may grant visitation rights—even if the parents oppose contact.
2 Why Are Grandparents’ Relationships with Grandchildren Important?
2.1 Many grandparents play a significant role in their grandchildren’s lives by providing emotional support, stability, and care.
2.2 When parental relationships break down, grandparents may find themselves suddenly cut off from their grandchildren, which can be distressing for both them and the children.
2.3 The Family Law Act acknowledges the value of these extended family relationships. Courts take into account the nature and history of the grandparent-grandchild bond when making decisions about contact and visitation.
3 What Can Grandparents Do If Communication Breaks Down?
3.1 If grandparents are unable to reach an agreement with the parents regarding contact, they can take the following steps:
(a) Step 1: Seek Mediation
(i) Contact a Family Relationship Centre or a qualified family counselling service to attempt mediation.
(ii) Alternatively, you may choose to seek legal advice at this stage and engage one of the Streeterlaw family lawyers to attend mediation with you and advocate for you through a mediation with a privately appointed mediator.
(iii) The goal is to reach a mutual agreement about visitation or time spent with the grandchildren.
(b) Step 2: Obtain a Section 60I Certificate
(i) If mediation is unsuccessful, request a Section 60I Certificate from the mediator. This certificate confirms that you have attempted dispute resolution and enables you to proceed to Step 3.
(c) Step 3: Seek Legal Advice
(i) Consult one of the Streeterlaw family lawyers to help you prepare and lodge an Application with the Federal Circuit and Family Court of Australia requesting access to your grandchild.
(ii) The Application should outline your relationship with your grandchild and explain why continued contact is in your grandchild’s best interests.
4 What Will the Court Consider?
4.1 When reviewing a grandparent’s application, the Court will assess:
(a) The nature of the existing relationship between the grandparent and the child.
(b) What arrangements would promote the safety (including safety from being subjected to, or exposed to, family violence, abuse, neglect, or other harm) of the child and each person who has care of the child.
(c) The wishes of the child, whether:
(i) expressed in a report given to the Court;
(ii) by representation from an independent children’s lawyer; or
(iii) by such other means as the court thinks appropriate.
(d) The benefit to the child of being able to have a relationship with…other people who are significant to the child.
(e) The developmental, psychological, emotional and cultural needs of the child.
