Are you a grandparent caring for your grandchildren or worried about a family separation affecting your time with them? Or perhaps you are a grandparent that has been stopped from seeing your grandchild, or you are concerned about your grandchild’s safety or well-being?
The Family Law Act acknowledges the importance of children having a relationship with their grandparents. Under the Family Law Act grandparents, as well as any other person concerned with the care, welfare and development of a child, can apply for a parenting order in relation to that child. A grandparent could for example apply for a parenting order to spend defined periods of time with a grandchild, or for a child to live with his/her grandparents. Such an application can be made whether the parents of the child are together or separated.
There is however no automatic right for grandparents to see their grandchildren. In determining the outcome of a parenting application the court will look at what is best for the child. It is important to remember that this process is not about a grandparent's right to see their grandchild but rather the rights of the child to know and be cared for by both parents and other people significant to their care, welfare and development, such as grandparents. A child's best interest is a paramount consideration in making parenting orders.
In determining what is in the child's best interest the court will consider the relationship the child has with his/her parents and with the child's grandparents as well as other relatives. The court will also look at many other factors including the views of the child, the effect of any change to the current situation on the child and any family violence involving the child or the child's family.
Sometimes grandparents are stopped from seeing their grandchildren. This may happen where a grandparent’s relationship with their own child, or their child’s spouse, has broken down. If this occurs a grandparent can take steps to try and change the situation. Family Relationship Centres and other mediation services can provide dispute resolution sessions. This involves a trained and independent person assisting the family to explore possible solutions. In situations that are urgent or where mediation has not worked, an application can be made to the family law courts for parenting orders.
This information applies not only to grandparents but also other relative carers, such as aunts or uncles.
This document provides an overview only and is not intended to be comprehensive. It does not constitute and must not be relied on as legal advice. We recommend that you seek legal advice in relation to your own circumstances.
How can I learn more?
Adele is an accredited specialist in Family Law. She holds a Bachelor of Laws with Honours and a Bachelor of Arts (Psychology major) from the University of Melbourne.
Some other resources you
might find helpful
State of New South Wales v Cullen [2024] NSWCA 310
We have previously written about the landmark decision of Cullen v State of New South Wales [2023] NSWSC 653 in which the Court held that police officers owe a duty of care to members of the public attending protests. This decision was appealed by the State.
I was injured in a car accident, but I wasn’t doing the right thing. Am I still eligible for TAC benefits?
It may come as a surprise that under the Victorian Transport Accident scheme, everyone injured in a transport accident is entitled to benefits from the TAC, even if the accident was their own fault. Further, those convicted of a driving offence are restricted from some entitlements but are always entitled to claim medical and like expenses.
Benefits of a Special Disability Testamentary Trust Will
In Victoria, establishing a Special Disability Testamentary Trust (‘SDTT’) — a special disability trust created through a will — can further secure significant benefits for both the disabled beneficiary and the family members setting up the trust.