Grandparent Rights

No. Grandparents do not have an automatic right to see their grandchildren. Family law focuses on what is best for each child, not on the rights of the adults involved.

The Family Law Act does recognise the benefit to children of having a relationship with their parents and other people who are significant to them, such as grandparents, where it is safe. If you cannot reach agreement with the parents, you can ask the court to make parenting orders.

Yes. Under section 65C of the Family Law Act 1975, a grandparent of the child, or any other person concerned with the care, welfare or development of the child, can apply to the Federal Circuit and Family Court of Australia for parenting orders.

Parenting orders can say who a child lives with, who they spend time and communicate with, and who has parental responsibility for decisions about them.

In most cases, yes. Before applying for parenting orders you usually need to try family dispute resolution, a type of mediation run by an accredited family dispute resolution practitioner.

If agreement is not reached, the practitioner can issue a section 60I certificate, which you file with your court application. Exemptions apply in some situations, such as family violence, child abuse or urgency.

The court’s main consideration is the best interests of the child. Since 6 May 2024, the court considers:

• what arrangements best promote the safety of the child and the people who care for them;
• any views the child expresses;
• the child’s developmental, psychological, emotional and cultural needs;
• the capacity of each person who would care for the child to meet those needs;
• the benefit to the child of a relationship with their parents and other people significant to them, such as grandparents, where it is safe; and
• anything else relevant to the child’s circumstances.

For Aboriginal or Torres Strait Islander children, the court also considers the child’s right to enjoy their culture and connection with family, community, country and language.

Yes. Many grandparents and parents agree on arrangements through negotiation or family dispute resolution. An agreement can be recorded in a parenting plan, which is a written, signed and dated agreement between the parents that can include time with grandparents. Parenting plans are not legally enforceable.

If you want the arrangements to be legally binding, they can be made into consent orders approved by the court, without anyone needing to attend a hearing.

Not usually. In Victoria, when Child Protection places a child with relatives or close friends, it is called kinship care. Child Protection matters, including orders about where a child lives, are dealt with by the Children’s Court of Victoria under the Children, Youth and Families Act 2005 (Vic), not by the family law courts.

If Child Protection is involved and there are Children’s Court orders, get legal advice before taking other steps. If Child Protection is not involved, a grandparent who cares for their grandchildren can apply for parenting orders under the Family Law Act.

The Australian Government’s Family Relationship Advice Line (1800 050 321) gives information about parenting arrangements and family dispute resolution, and can refer grandparents to local services, including Family Relationship Centres.

Grandparents who care for their grandchildren can also speak to Services Australia’s Grandparent, Foster and Kinship Carer Advisers about payments and support.