At Conditsis Lawyers, we understand how crucial the relationship between grandparents and grandchildren can be. While the law doesn’t grant grandparents automatic rights to see or care for their grandchildren, we’re here to explain how you can seek legal help to maintain or strengthen that vital connection.
Do Grandparents Have Rights Under the Family Law Act?
Under the Family Law Act, grandparents do not automatically have legal rights, as only children are explicitly recognised in the Act. However, the Act allows grandparents to apply to the Family Court or Federal Circuit Court for parenting orders. These Orders can enable grandparents to spend time with their grandchildren or maintain regular contact, such as phone calls.
What is the “Grandparents’ Rights” Debate?
The term “grandparents’ rights” can be misleading. The Family Law Act specifies who can apply for parenting Orders, and this includes parents, the child, a grandparent, or any other person concerned with the child’s care, welfare, and development. Grandparents seeking to apply for these orders must show that they have had a meaningful relationship with the child.
One key case in this area clarified this point, stating:
“… what is interesting about these cases is the common feature… that there has to be some relationship between, or involvement with, the child in a meaningful sense in order that the person who makes the application can have standing.” — Venkatesan & Pawar [2007] FMCAfam 1109 [8]-[9]
This highlights that grandparents must demonstrate a history of involvement in the child’s life to have standing in court.
How Can Grandparents Seek Time with Their Grandchildren?
If you’re a grandparent seeking to maintain or increase your time with your grandchildren, the first step is often to contact the parents directly to request visitation or communication. If this doesn’t work, mediation is a crucial next step.
If the parents refuse mediation or if mediation is unsuccessful, you will be issued a Section 60I certificate, which is required for all parties before proceeding to court. This certificate confirms that attempts have been made to resolve the matter through alternative dispute resolution before turning to litigation.
In some cases, where there are concerns of family violence or neglect, urgent court applications may be made without the need for mediation.
If you and the parents reach an agreement during mediation, you can file Consent Orders with the court. These are legally binding, and if they are breached in the future, you can file a Contravention Application.
How Conditsis Lawyers Can Assist You
If you’re a grandparent concerned about maintaining your relationship with your grandchildren or need advice about your legal rights, Conditsis Lawyers is here to help. We provide clear, compassionate advice on how to navigate the legal process and pursue the best possible outcome for you and your grandchildren.
Contact Us Today
If you’re ready to explore your options or need assistance with the next steps, contact us today for a confidential consultation. Our experienced family law team is here to provide support and guidance in this emotionally sensitive area of law.
