Being unable to spend time with grandchildren after a separation or divorce is an emotionally tough time.
While Australian family law doesn’t specifically grant grandparents an explicit “legal right” to see their grandchildren, it does recognise the importance of the relationship between grandparents and grandchildren.
The law states that children have a right to enjoy relationships with both their parents and other significant people in their life, which of course includes grandparents.
So, if you as a grandparent have been separated from your grandchildren due to family court proceedings, what can you do?
The Best Interests of the Child
Firstly, it’s important to note that under current legislation, the child’s best interest always comes first when making any decisions related to them.
The court will take into consideration the wishes of the child – depending on their age and maturity. Older children’s opinions are generally considered strongly by the court.
The next consideration is protecting the child from family violence, abuse, neglect, harm, or risk of those factors.
If you, as a grandparent, can demonstrate that living with you would be a safer environment for your grandchild, it is something the court would consider.
Applying for Parenting Orders
It is possible for grandparents to apply for parenting orders, but before you do so, remember that this decision should be taken only after considering all the possibilities.
Parenting orders can be a complex process.
You can apply for orders simply allowing you to spend time with, or communicate with, your grandchildren on a regular basis.
If you can come to an amicable arrangement with the parents of your grandchildren about spending time with them, that is always the best option.
Alternatively, mediation might help – remembering always the goal is to reach a solution that is in the best interest of the children and is reasonably practical for everyone involved.
Family disputes, separation and divorce is an emotional and trying time for all family members, including grandparents.
Seeking Legal Guidance
At GLG Legal, our experts are here to help you navigate this journey and ensure the best outcome for everyone.
To make an appointment, contact our office on: (07) 3288 3511 or email: info@springfieldlegals.com.au
