Grandparents' Rights In Family Law
Our family lawyers look after more than just the rights of the child and the immediate parents — read about grandparents' rights.
Do grandparents have legal rights to see grandchildren?
Grandparents have no explicit right to maintain a relationship with grandchildren under the Family Law Act 1975 (Cth). The primary consideration is always the child's best interests. However, children have the right to spend time and communicate regularly with people significant to their care, welfare and development — including grandparents — except where this is contrary to the child's best interests.
How grandparents can seek access
The Family Law Act recognises three avenues: Parenting Plans, Parenting Orders by Consent (Consent Orders), and Parenting Orders made by the Family Court. Parenting plans are simple, voluntary written agreements that don't require court attendance or lawyers, but aren't legally enforceable — though they can provide evidence in later proceedings. Grandparents applying for orders must attend family dispute resolution mediation and show genuine effort to resolve matters.
How courts decide
Courts assess whether visitation serves the child's best interests, considering the child's views, any risk of neglect or violence, the nature and quality of the grandparent relationship, the capacity of grandparents and parents to provide care, and practical difficulties and expenses.
Enforcing orders and taking custody
Parties under consent or parenting orders face legal obligations, and courts can impose penalties for non-compliance — from parenting programs and compensatory time to fines, community service, or up to 12 months' imprisonment for serious breaches. A grandparent can apply to the Family Court or Federal Circuit Court for custody; if there's an immediate risk of harm, this should be reported to Child Safety Services.
Wills and financial assistance
Being named as guardian in a parent's will doesn't itself confer legal rights to have the child live with you — a court order is still needed to formalise arrangements. Grandparents with at least 35% care of a grandchild may be entitled to child support, calculated based on overnight stays over a 12-month period.