Despite the fact they may play a significant role in their grandchildren’s lives by providing childcare, vacation care or, in some instances, by being the children’s primary carer, grandparents are often overlooked following a separation.
The Family Law Act 1975 (the Act), Section 60B(2)(b) notes that a child has the right to spend time and communicate on a regular basis with both their parents and other people significant to their care, welfare and development (such as grandparents and other relatives). While the Act specifically mentions them as people a child should maintain contact with, grandparents do not have any specific rights.
Spending time with their grandparents is generally left to the parents to arrange.
This can often prove challenging, where relationships have broken down.
Grandparents can apply to the Court for parenting orders. The Court will consider if the relationship between the children and their grandparents is in the best interests of the children, taking into account:
- the benefit of the children having a meaningful relationship with grandparents
- the need to protect the child from physical or psychological harm or being exposed to abuse, neglect or family violence
- the nature of the relationship with the child or children
- the likely effect of changes on the child or children.
Tracy Connolly, Lawyer, Catton & Tondelstrand Lawyers, Kontiki Business Centre Tower 1, Level 3 Suite 315, 55 Plaza Parade, Maroochydore, 5609 4933, ctlawyers.com.au
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