Family relationships can be complicated, especially when parents and grandparents disagree about contact with children. When it comes to withholding grandchildren from grandparents in Australia, the law recognises children benefit from meaningful relationships with extended family, but those relationships must always be safe and in the child’s best interests.
Understanding how the law treats these situations can help grandparents know their options.
What Does Withholding Grandchildren From Grandparents Australia Mean Under Family Law?
The term withholding grandchildren from grandparents Australia refers to situations where parents or guardians prevent grandparents from having contact, whether that’s refusing visits, blocking communication, or cutting off contact altogether. In ongoing cases, this is sometimes called grandparent alienation, where contact is withheld as a form of control, for example only allowing visits in exchange for money or childminding, rather than for a genuine safety reason.
Parents have the primary responsibility for their children’s care and welfare, but grandparents also play an important role in a child’s life. The Family Law Act 1975 recognises that children have a right to spend time with people significant to them, including grandparents, and Section 65C specifically names grandparents as a class of person who can apply to the court for a parenting order.
This means that while grandparents don’t have automatic legal rights to see their grandchildren, they’re recognised as important figures in a child’s development, with a specific legal pathway to seek contact if it’s withheld. When this occurs after a family dispute or separation, the law looks at what’s best for the child, not just the adults’ preferences.
Do Grandparents Have Legal Rights To See Their Grandchildren in Australia?
Grandparents do not automatically have legal rights to contact their grandchildren, but they can request arrangements through the Family Court or Federal Circuit Court, whose main focus is always the best interests of the child. Under reforms to the Family Law Act 1975 that took effect in May 2024, courts now weigh seven core considerations, replacing the previous, longer list of factors: the child’s safety, their views (depending on age and maturity), their developmental, psychological, emotional and cultural needs, each person’s capacity to meet those needs, and the benefit of maintaining relationships with people significant to them, where it’s safe to do so.
The Act allows grandparents to apply for parenting orders, outlining how and when they spend time with or communicate with their grandchildren. These orders can also affect other decisions, including school enrolment. Learn more about whether one parent can enrol a child in school without the other parent’s permission.
Courts usually encourage families to try mediation before applying for orders, which allows everyone to express concerns and work towards an agreement without going to court, often with more positive long-term outcomes.
What Is Grandparent Alienation?
Grandparent alienation describes a pattern where an adult child unreasonably limits or cuts off a grandparent’s access, often as a form of control rather than a genuine safety reason. According to Relationships Australia Queensland, this can look like withholding visits unless the grandparent provides money or childcare, or gradually restricting contact until it stops.
Not every instance of restricted contact is alienation, sometimes parents have genuine, valid safety concerns, but where the pattern looks more like control than protection, it’s worth seeking advice on your options.
When Can Parents Justify Withholding Grandchildren From Grandparents Australia?
There are times when parents may have valid reasons for withholding contact. The law recognises not all family relationships are safe or healthy, and parents might restrict contact if they believe it could cause emotional harm or put the child at risk. Common reasons include:
- Concerns about the child’s safety or well-being
- Past family conflict or strained relationships that affect the child
- Behaviour from grandparents that undermines the parents’ authority or causes confusion for the child
- Situations involving neglect, substance abuse, or emotional harm
If there are serious safety concerns, the court will always prioritise protecting the child. However, if contact is withheld without valid reasons, grandparents can take steps to address it legally. The law doesn’t seek to punish parents, it ensures decisions are made with the child’s best interests at heart.
Read also: The Truth About Child Custody in Australia: Myths vs. Reality
How Can Grandparents Apply To the Court for Contact or Visitation Rights?
When informal efforts and mediation don’t resolve the problem, grandparents can apply to the court for a parenting order requesting time or communication with their grandchildren. The first step is family dispute resolution (mediation). If that fails, the mediator issues a certificate confirming reasonable attempts were made, required before filing with the court.
When reviewing an application, the court considers whether ongoing contact benefits the child, looking at factors such as:
- The strength and history of the relationship between the grandparent and the child
- The impact of continued conflict on the child’s emotional health
- Each party’s willingness to support a positive relationship between the child and other family members
- Any risk of harm to the child
The outcome depends on what arrangement best supports the child’s safety, happiness, and stability, whether that’s supervised visits, phone calls, or regular in-person contact.
Although the legal process may feel daunting, it provides grandparents with a fair and structured opportunity to have their voice heard when contact has been disrupted.
What Should You Do If You’re Affected by Withholding Grandchildren From Grandparents Australia?
If you find yourself in this situation, it is important to remain calm and consider your options carefully, since emotional reactions can make the situation worse and harm your chances of restoring contact. The best first step is open and respectful communication with the parents, expressing your care for the child and your willingness to cooperate with parenting decisions.
If communication does not work, consider family dispute resolution, which can help everyone understand each other’s viewpoints and find common ground, often restoring contact without legal proceedings.
If mediation fails, you may seek legal advice about applying for a court order. Hayder Shkara, an experienced family lawyer, can help explain the process, prepare documents, represent your interests, and guide you on what the court will likely consider fair and in the child’s best interests.
While every case is different, the child’s needs and emotional well-being should always be the priority.
Rebuilding Family Connections
Dealing with withholding grandchildren from grandparents Australia can be painful, but understanding your rights and the legal options available can help you take practical steps forward. Whether through communication, mediation, or court intervention, it is possible to rebuild meaningful family bonds when everyone acts in the best interests of the child.
Are you struggling with this and unsure of your next steps? Our experienced family law team at Collective Family Law Group can help you understand your rights and explore the best path toward restoring contact with your grandchildren. Contact us today to arrange a confidential consultation with Caralee Fontenele or another experienced member of our family law team.
Frequently Asked Questions
What rights do grandparents have to see their grandchildren in Australia?
Grandparents don’t have automatic legal rights to see their grandchildren, but the Family Law Act 1975 specifically allows them to apply to the court for a parenting order. The court decides based on what’s in the child’s best interests, not on the grandparent’s relationship status alone.
Can a grandparent claim a grandchild on taxes without permission?
This isn’t really an Australian concept, “claiming a dependent” is more of a US tax system feature. Australia’s family assistance system works differently, though grandparents raising a grandchild full-time may be eligible for certain payments through Services Australia.
Do grandparents have any access rights to their grandchildren?
Not automatically, but grandparents can apply to the court for a parenting order setting out time or communication with a grandchild, if informal arrangements and mediation don’t resolve the issue. The court’s decision depends entirely on what’s in the child’s best interests.
