Grandparents' Rights

Care and visitation of grandchildren


The Family Law Act recognises the important role that grandparents play the lives of their grandchildren.

However, the law does not provide for any “minimum” or “guaranteed” amount of contact between you and your grandchildren.

Instead, if you and the children’s parents cannot agree about these arrangements, and after attempting Family Dispute Resolution (unless an exception applies), usually it will be up to you to make an application to Court seeking parenting orders as a grandparent. 

The extent to which the Court will order that your grandchildren are to communicate with, spend time with, or (in appropriate cases) live with you as a grandparent will depend on what is in the children’s “best interests”.

Sometimes, due to parental troubles or other complicated issues, grandchildren enter the care of their grandparents. If this is your situation, you may be able make some decisions on behalf of the children informally. However, certain decisions will require court orders before you have authority. 

How we can help

We can help you understand your rights and obligations as a grandparent and your options to progress spending time with, having communication with, or being the primary caregiver for your grandchild.

In some cases, as a grandparent you might be joined (or you might apply to intervene) as a party to court proceedings relating to your grandchildren. If this is your situation, we can represent you in the court proceedings.


Book a Free Introductory Call

In this free 15-minute call, we will confirm if we can assist with your case, answer any questions you have about our services, and discuss the next steps. This call is with David Gale, Director & Accredited Specialist in Family Law.