Grandparent's Rights

Divorce and marriage breakdown has broken many a grandparent’s heart. As parents focus on their own time with the children, the time that a grandchild spends with you as their grandparent can be drastically reduced or even lost altogether.

As a grandparent you may find yourself grieving for the loss of that special relationship and struggling to find a place in your grandchild’s new life.  This can be especially so, when the parent with whom the children lives, moves away or there is some level of animosity directed by one parent towards you.

Grandparents are often amongst the most important people in children’s lives. They know that separation and divorce can be very traumatic and want to provide their grandchildren with all the love and support possible. Remember, as hard as it may be with all the sadness, disappointment and sometimes anger that surrounds these events, your grandchildren do not need to be involved in any issues between you and their parents. Grandchildren should not be placed in a position where they feel they have to protect their parents or choose between the people they love the most.

As Family Lawyers, we are often approached by grandparents seeking advice on what rights they have to spend time with or see their grandchildren. While there is no inherent right for grandparents to spend time with or care for their grandchildren, the Family Law Act does provide some protection for grandparents. The Courts will always consider what is in the best interest of the child and that may mean that the grandchildren have a right to spend time with you. 

Wherever possible, agreement between parents and grandparents about their involvement in children’s lives, is always preferable. Where the relationship between a parent and grandparents has broken down, it may be necessary to involve a family lawyer or a family relationships counsellor to help minimise further conflict between the adults, while promoting the importance of re-establishing or maintaining relationships between grandchildren and their grandparents.    

If your relationship and the role you have in your grandchild’s life is not being considered, then you may find yourself needing to persuade a court of the role you play in your grandchild’s life and that the time that they would spend with you would be in their best interest. There are competing interests in making such an application to a court that may fall closer to home than you have considered, so it is advisable to speak to an experienced family lawyer before doing so.

When a relationship breaks down, it takes time for the whole family to adjust. Most of the time contact with your grandchildren can be worked out. It can be challenging but I think they're worth it.