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Grandparents rights and family law in Australia

More and more families are relying on grandparents to provide care for their grandchildren in lieu of the rising costs of daycare, however, a separation between parents can cause a strain on this arrangement. 

Grandparents rights and family law
Jana Homatopoulos
By
Jana Homatopoulos
-
Principal Solicitor, Family Law
July 30, 2024

Grandparents and Family Law 

More and more families are relying on grandparents to provide care for their grandchildren in lieu of the rising costs of daycare, however, a separation between parents can cause a strain on this arrangement. 

Grandparent rights 

The Family Law Act 1975 (‘the Act’) recognises the benefit of children having a relationship with significant people like their grandparents.  Indeed, the Act requires the Court to consider the nature of a child’s relationship with their grandparents when determining what parenting arrangements are in the best interests of the children. 

The Act also provides grandparents with the right to make an application for parenting orders in the Federal Circuit and Family Court of Australia (‘FCFCOA’) without the leave of the Court. 

Why would you apply to Court?

The main reasons that grandparents may decide to make an application to the FCFCOA include:

  1. The grandparents’ time with their grandchildren has been stopped by the parents (whether the parents remain in an intact relationship or have separated). 
  1. The children are at an unacceptable risk in the care of their parents or guardian.
  1. The parents are unable to care for their children.

Grandparents may seek orders to spend time and communicate with their grandchildren, or in the case where the children’s parents are unable to care for the children or the parents pose an unacceptable risk to the children, grandparents may apply for the children to live with them. 

How to apply for grandparents rights

As with all parenting applications (save for if an exception applies) grandparents must first attempt dispute resolution with the other party before they can apply to the FCFCOA for parenting orders involving their grandchildren.  If agreement in relation to parenting arrangements can be reached at the dispute resolution conference, then consent orders or a parenting plan can be drawn up to confirm the agreement reached. 

If dispute resolution is unsuccessful or deemed to be inappropriate, then a certificate is issued by the dispute resolution practitioner which allows for parenting proceedings to be commenced in the FCFCOA.

Grandparents rights

General advice

Although grandparents are provided with a right to apply to the FCFCOA for parenting orders, every matter is different, therefore it is in your interests to obtain independent legal advice from a family lawyer about your rights. Contact us for more information.

Jana Homatopoulos
About
Jana Homatopoulos
-
Principal Solicitor, Family Law

Jana is a Principal Solicitor who practises exclusively in family law, specialising in complex financial and parenting matters.

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