As family lawyers, we understand how devastating it can be for grandparents (or other family members) to have their grandchildren withheld and access denied due to a family breakdown. Grandparent–grandchild relationships can be a source of love, stability and continuity in a child’s life, especially during family separation or times of family conflict.
These relationships often form part of the child’s broader network of extended family members and can greatly support a child’s emotional wellbeing. When one or both parents prevent contact, it can be deeply upsetting for everyone involved, and many grandparents are left wondering what legal avenues are available.
Australian family law recognises the importance of these relationships. While grandparents’ rights are not automatic, there are ways to maintain contact with your grandchildren, even if the child lives with their parents or with other carers.
The Importance of Healthy Grandparent – Grandchild Relationships
Grandparents are often significant people in their grandchildren’s lives, offering valuable support, practical help and a sense of familiarity. They may be present in their daily life if local, attend school events, provide financial support, or even act as kinship carers when parents are unable to meet a child’s welfare needs.
Maintaining these connections can have long-lasting benefits for a young person’s wellbeing, offering a sense of identity and belonging as part of their extended family. Unfortunately, family breakdowns or disputes sometimes disrupt these bonds.
The Family Law Act 1975 recognises the child’s right to maintain meaningful relationships with significant people in their lives, including grandparents, where it is safe to do so. As set out in section 60CC(2)(e) of the Family Law Act 1975, the court must consider the benefit to the child of maintaining a relationship with their parents and other significant people in their lives, where it is safe to do so.
Family Dispute Resolution – The First Step
Before taking legal action, grandparents are encouraged to try family dispute resolution (FDR) if other attempts to discuss or resolve matters have failed. This process involves mediation or negotiation to resolve disputes with the child’s parents or carers.
FDR can help:
- Reduce family dynamics tensions and avoid lengthy legal proceedings
- Develop parenting arrangements that allow grandparents to maintain contact with their grandchildren
- Preserve relationships for the benefit of all parties
A family lawyer can help grandparents manage the legal process, prepare for mediation and ensure that their legal rights are protected. The Family Relationship Advice Line and other support services may also be able to assist.
If FDR is unsuccessful or inappropriate (for example, where there is a history of family violence or psychological harm), a Section 60I certificate will usually be required before applying to the Family Law Court.
Grandparents’ Rights Under the Family Law Act
The Family Law Act 1975 clearly states that children have the right to maintain relationships with their extended family members, including grandparents.
However, the court’s primary concern is the child’s welfare, not the grandparents’ wishes.
The law allows grandparents to apply for parenting orders through the Federal Circuit and Family Court of Australia.
These orders can:
- Allow grandparents to spend time with their grandchildren
- Enable phone calls, video chats or other ways to maintain contact
- In some cases, provide full-time care of the child if they are not safe with a parent
The court will consider several factors, including:
- The child’s relationship with grandparents and other extended family members
- Each party’s capacity to provide care and meet the child’s reasonable needs
- The child’s views, depending on their age and maturity
- The child’s safety and whether there is any risk of psychological harm or family violence
- The child’s circumstances and overall wellbeing
Applying to the Family Court
If family dispute resolution does not succeed, grandparents can apply for parenting orders. These orders can be made on an interim or final basis and are tailored to the child’s circumstances.
To apply, you will need to:
- Seek legal advice
A family lawyer can help you understand your legal rights and guide you towards a successful outcome. - Prepare evidence
Show the importance of your role in your grandchildren’s lives and why contact is in the child’s best interests. - File your application
This involves completing the required forms and affidavits, as well as providing a Section 60I certificate from FDR. - Attend court hearings
The judge will evaluate all the parties’ evidence and make court orders based on the child’s best interests.
In urgent situations (e.g., where the child is at risk), grandparents can seek urgent parenting orders to quickly establish arrangements.
Denied Access to Grandchildren
Being denied access is often emotionally challenging, but the law offers legal avenues to restore or maintain the relationship.
Even if the child’s parents are opposed, you can ask the court for court orders to maintain contact. In occasional cases, grandparents may be given primary care of the child, particularly where one parent cannot care for the child safely.
Family Violence & Its Impact
The court’s main priority is focused on the child’s welfare. If there are concerns about family violence or other risks, the court may limit contact or impose conditions to protect the child.
Grandparents affected by family violence should seek legal advice immediately. You may also be able to obtain family violence orders or other protections to ensure your and your grandchild’s safety.
Seeking Visitation Rights
Grandparents can also ask for visitation rights (time to spend with the child) through:
- A parenting plan agreed by the parents and grandparents
- Formal parenting orders if agreement cannot be reached
The court may include time with grandparents at school events, during holidays, or on a set schedule, depending on what supports the child’s wellbeing.
Why Legal Advice Matters
The legal process can feel overwhelming. Every family’s circumstances are different, and the outcome will depend on the evidence presented.
Working with a family lawyer can help you:
- Understand your legal rights and options
- Prepare strong evidence about your role in your grandchildren’s lives
- Approach legal proceedings in a way that minimises stress and costs
- Consider other options that may help, such as family counselling
The sooner you seek legal advice, the sooner you can take steps to protect your relationship with your grandchildren.
Final Thoughts
Grandparents are often a crucial part of a child’s world, and their involvement can make a real difference to a young person’s stability and emotional health. If you are being denied contact, you do not need to face this situation alone.
If your grandchild is currently being withheld from you, our experienced family lawyers can help you explore all available legal avenues, manage the legal process, and work towards a successful outcome for your family. Contact us today for a free initial consultation to discuss your situation and find out how we can support you