Grandparents play an invaluable role in providing care and development of their grandchildren, yet maintaining contact can become challenging when parents separate or undergo relationship breakdown.
Australian family law recognizes the significance of grandparents for children, enabling them to apply for parenting orders that outline contact and timesharing with their grandchildren.
What’s in a child’s best interests?
At the core of all family law decisions lies the best interests of children – this includes considerations regarding grandparents.
Children benefit immensely from maintaining meaningful relationships with both grandparents. Unfortunately, when family lives are fractured by divorce or separation it can become increasingly challenging to keep tabs on grandchildren who live far away and grandparents who find themselves caught between parent-children relationships.
Grandparents may apply to court for access to their grandchildren under current Australian law; however, success will depend on providing evidence supporting your application and convincing the judge of how you will provide stability, safety and peace for them.
Before filing legal action, try reaching an agreement with both of your grandson’s parents first through mediation or Family Dispute Resolution services. Otherwise, speak to a specialist family lawyer for advice regarding grandparents’ rights under family law as well as assistance with navigating legal processes.
Can you seek custody?
Grandparents play an invaluable role in their grandchildren’s lives; however, after parents’ relationships become unstable or dissolve entirely their relationship may not automatically be protected. Legal action is one way to assert both your rights and those of all involved children involved.
Family mediation or alternative dispute resolution offers the most effective method for protecting time spent with grandchildren. Through negotiations between you, their parents, and an agreement that prioritizes their best interests.
Application can also be made for a court-enforceable parenting plan (formerly referred to as a contact order), which legally defines who the child spends time with. This may be an efficient and cost-effective alternative than seeking custody orders that could take years to resolve; lawyers can provide expert guidance in helping navigate this process and explain the difference between temporary and permanent arrangements, which have significant ramifications on both responsibilities and outcomes.
Can you make an application to the court?
Grandparent-grandchild relationships can be deeply meaningful; however, when family dynamics change due to separation, divorce or conflict they may become vulnerable. Australian family law provides essential legal pathways that support these essential relationships.
Grandparents don’t automatically gain custody of their grandchildren; however, courts may make exceptions in accordance with a child’s best interests. For instance, if one parent poses an immediate threat to safety due to substance abuse, domestic violence, or imprisonment then grandparents could potentially receive custody to ensure their wellbeing and the wellbeing of all parties involved.
Start proceedings in either Family Court or Federal Circuit Court by filing an Initiating Application. In urgent cases, urgent hearings can be requested in order to secure temporary orders protecting your grandchild from harm. When making its rulings on these orders, courts take many factors into consideration such as your current relationship and whether your grandchild can express his/her views appropriately (if they’re old enough). Need legal help with parenting arrangements? Reach out to our team.
Can you make a consent order?
The Family Law Act acknowledges the fact that children need meaningful relationships with those important in their lives, including grandparents. Therefore, when making determinations concerning child custody and divorce settlement agreements, courts must take the nature of grandparent-child relations into consideration when making their recommendations regarding what would be in a child’s best interests.
If you are having difficulties with access to your grandchildren, try discussing it directly with their parents or guardians in an amicable and non-confrontational way in order to build trust and restore relationships. Consulting an early resolution family lawyer might also prove beneficial as this professional will understand all your options and assist in negotiations.
Apply to the Family Court for orders that allow you to spend time with your grandchildren – however this should only be used as an absolute last resort if other means of conflict resolution have failed to work effectively; court proceedings can often be lengthy and expensive.
