Grandparents & Other Third Parties
When it comes to your grandchildren, it is important that you get the right family law advice.
Legal Support for Grandparents’ Rights and Time with Grandchildren
Grandparents and other significant people in a child’s life can play an important role in providing love, stability, and support, particularly after a separation or divorce. However, family breakdowns can sometimes result in grandparents losing contact with their grandchildren or other relatives being prevented from maintaining meaningful relationships with the children they care about.
At Collective Family Law Group on the Gold Coast, we assist grandparents and other third parties in understanding their rights under Australian family law. In appropriate circumstances, grandparents and other significant people can apply for Parenting Orders that allow them to spend time with, communicate with, or even care for a child where it is in the child’s best interests.
In some situations, both parents may be unable to safely care for their children due to illness, family violence, substance abuse, or other circumstances. When this happens, grandparents or other relatives may need to step in as primary carers. Our experienced family lawyers provide practical legal advice and representation to help secure arrangements that protect the child’s welfare and provide long-term stability.
Whether you are seeking regular time with your grandchildren, applying for parenting arrangements, or responding to a dispute involving children, our team will guide you through every stage of the legal process with clear advice tailored to your family’s circumstances.
Can grandparents apply for parenting orders?
Yes. Under the Family Law Act 1975, any person concerned with a child’s care, welfare or development can apply for parenting orders. This expressly includes grandparents. Grandparents can ask the court for orders that a child spends time with them, communicates with them (for example by phone or video call), or in some cases lives with them.
There is no automatic right to see grandchildren. The court’s focus is always the child’s best interests. One of the matters the court must consider is the benefit to the child of having a relationship with people who are significant to them, including grandparents, where it is safe. The law also recognises a child’s right to maintain a connection with their culture, which can be especially important for Aboriginal and Torres Strait Islander children.
Family dispute resolution comes first
As with parents, grandparents generally need to attempt family dispute resolution before applying to the court, and obtain a section 60I certificate. Mediation often works well for grandparents because it allows everyone to agree on practical arrangements, such as a regular visit, school holiday time or attending special events, without the cost and strain of a court case. Exceptions apply where there is family violence, child abuse or urgency.
What evidence helps a grandparent’s case?
- The history of your involvement in the child’s life, such as regular care, school pick-ups or holidays together.
- The child’s attachment to you and any views the child has expressed.
- Your capacity to meet the child’s needs if you are seeking more significant care.
- Any risks to the child that your involvement would help to reduce.
When grandchildren need to live with you
If a child cannot safely live with either parent, a grandparent may seek orders that the child lives with them and that they make major long-term decisions about the child. Where Child Safety in Queensland is involved, the matter may instead be dealt with in the Childrens Court under the Child Protection Act 1999 (Qld), and kinship care arrangements apply. We can explain which system applies and how to protect both the child and your role in their life.
To talk through your situation, call 1300 225 393 or book a free discovery call.
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FAQs
What rights do grandparents have in Australia?
- Australian family law recognises the important role grandparents can play in a child’s life. Grandparents may apply to the court for Parenting Orders that allow them to spend time or communicate with their grandchildren. When making decisions, the court’s primary consideration is the best interests of the child, rather than the rights of any individual family member.
Who is eligible for the Grandparents Allowance in Australia?
- There is no payment specifically called the “Grandparents Allowance” in Australia. However, grandparents who are the primary carers of their grandchildren may be eligible for certain government payments or financial assistance, depending on their circumstances and the relevant eligibility requirements. You can check available support through Services Australia.
What should you do if your child won't let you see your grandchild?
- If you are being prevented from seeing your grandchild, it is often best to try resolving the issue through respectful communication or family dispute resolution first. If an agreement cannot be reached, you may wish to seek legal advice. In some circumstances, grandparents can apply to the court for Parenting Orders to spend time or communicate with their grandchildren where it is in the child’s best interests.
Do grandparents have any access rights to their grandchildren?
- Grandparents do not have an automatic legal right to see their grandchildren. However, Australian family law allows grandparents to apply for Parenting Orders if they believe ongoing contact is in the child’s best interests. The court will consider factors such as the existing relationship, the child’s needs, and the benefit of maintaining meaningful family connections before making a decision.