What are your rights as a child’s grandparent?

Grandparents can play a significant and active role in a child’s life.

However, this role can change for a number of reasons, including the separation of the child’s parents.

Under the Family Law Act 1975, a grandparent and any other person who is concerned with the care, welfare and development of a child, can apply to the Federal Circuit and Family Court of Australia for parenting orders in relation to the child.

A grandparent can apply for orders for the child to live with, spend time with or communicate with them. Such orders can be sought regardless of whether the child’s parents are together or separated.

An application for parenting orders made by a grandparent is determined in the same way as an application by a parent, namely according to its own facts and having regard to the best interests of the child as the paramount consideration. There is no presumption in favour of a parent over a grandparent.

Before making an application to the Court for parenting orders, a grandparent must comply with the pre-action procedures for parenting cases, including with respect to attending Family Dispute Resolution, unless an exemption applies.

If you are unsure of your rights as a grandparent, please click here to contact our Family Law team for more information.