Many grandparents share close and loving relationships with their grandchildren. However, when family relationships change because of separation or disagreement, contact can become difficult.
The question do grandparents have rights to see grandchildren often arises when parents refuse visits or communication.
Under Australian family law, grandparents do not automatically have the right to see their grandchildren, but the law recognises the importance of those relationships.
Courts can make decisions based on what is best for the child, which can include maintaining meaningful contact with grandparents. Understanding how the law views these situations helps families handle conflict more fairly.
What Does the Law Say About Grandparents’ Rights?
When asking do grandparents have rights to see grandchildren, it is important to know that Australian law focuses on the rights of the child rather than the rights of the adults.
The Family Law Act recognises that children benefit from having relationships with people who care for them, including grandparents.
If parents stop contact, grandparents may ask the court for permission to spend time with or communicate with the child. This is known as applying for a parenting order.
The court then looks at what arrangement would serve the child’s best interests. These interests include safety, emotional wellbeing, and the value of maintaining family connections.
Grandparents can also try to reach an agreement through family dispute resolution before going to court. Mediation allows everyone to express their views and reach a solution that works for the child and both sides of the family.
When Can Parents Refuse Contact Between Grandparents and Grandchildren?
The question of whether grandparents have the right to see grandchildren often comes up when parents stop contact suddenly. Parents may refuse visits for several reasons, and understanding these helps avoid unnecessary conflict.
Sometimes, refusal happens because of concerns for the child’s safety or wellbeing. For example, if there has been tension, violence, substance abuse, or emotional harm, parents may feel that cutting off contact is necessary. In such cases, the court will prioritise the child’s protection over maintaining contact.
However, not all refusals are based on serious issues. At times, disagreements between adults, such as differences in parenting styles, family disputes, or relationship breakdowns, can lead to reduced contact.
In these situations, the court may intervene if it believes the child is missing out on a healthy and beneficial relationship with their grandparents.
The court will carefully weigh the benefits of maintaining the relationship against any potential risks. It will consider whether continuing contact promotes the child’s stability, happiness, and emotional development.
Each case is unique, and there is no single answer that fits every family.
How Can Grandparents Apply To Spend Time With Grandchildren?
If parents refuse visits, grandparents can follow several legal and practical steps to try to restore contact. The first step is usually to attend family dispute resolution (FDR).
During mediation, both sides can share their concerns with the help of a trained professional. Many families find that communication improves when they have a neutral person guiding the discussion.
Agreements reached through mediation can later be made legally binding if everyone agrees.
If mediation fails, grandparents may apply for a parenting order. This order can set out how and when the grandparent can spend time with the child or stay in contact through calls, messages, or video chats.
The application is made to the Federal Circuit and Family Court of Australia, and the judge will consider several factors, including:
- The child’s age, maturity, and expressed wishes
- The history of the relationship between the grandparent and the child
- Whether the grandparent has played a regular, supportive role in the child’s life
- The attitude of each adult involved toward the child’s wellbeing
- Any risks to the child’s safety, including exposure to conflict or harm
The process can take time and emotional energy, but it is designed to protect the child’s welfare.
Grandparents are encouraged to seek legal advice early, understand their rights and responsibilities, and approach the situation calmly and respectfully.
Maintaining Healthy Family Relationships
While the question do grandparents have rights to see grandchildren focuses on legal rights, many cases can be resolved through communication and respect.
Building a cooperative relationship with parents can make it easier to agree on visits or calls. Even if emotions are high, showing understanding and willingness to work together can help rebuild trust.
Sometimes, short visits or supervised contact can be a starting point for restoring relationships. The goal is to ensure that children feel safe, loved, and connected to their wider family.
Legal steps should be considered only after other options have been explored, as maintaining harmony is often in the child’s best interests.
Moving Forward With Understanding and Support
Family relationships can become strained after separation, but love and patience often create space for healing. The law recognises that grandparents play an important role in a child’s development, and courts will always look for ways to support those relationships when it is safe and beneficial for the child.
If you are a grandparent facing refusal of contact, exploring communication, mediation, or legal assistance may help restore balance. Keeping the focus on the child’s best interests rather than on conflict will always produce the healthiest outcomes.
Ready To Reconnect With Your Grandchildren?
Are you wondering how to rebuild your relationship with your grandchildren after contact has been refused?
The caring team at Collective Family Law Group can help you understand your legal options and guide you toward practical steps that protect your bond with your grandchildren.
Our experienced child custody lawyers focus on clear communication, practical solutions, and the child’s wellbeing at every stage. Contact us today to discuss how we can help you move forward with confidence and support.
