This article explains how grandparents can apply for visitation when parents disagree, what the Family Law Act 1975 (Cth) says, and how courts determine what’s in the child’s best interests.
Do Grandparents Have Legal Rights to See Their Grandchildren?
In Australia, Family Law does not give grandparents an automatic right to spend time with their grandchildren. Instead, the law focuses on what’s best for the child, recognising that grandparents can be important figures in a child’s life.
Section 60B of the Family Law Act 1975 states that children have the right to know and have a meaningful relationship with both their parents and other significant people in their lives, including grandparents and extended family.
Therefore, while grandparents don’t have inherent visitation rights, they can apply to the court for parenting orders that allow them to spend time with their grandchildren.
When Can Grandparents Apply for Visitation?
Grandparents may consider applying for visitation or contact orders if:
The parents are separated or divorced and access has become difficult.
One or both parents prevent contact for personal reasons.
The child is at risk of harm or neglect.
There has been a breakdown in family relationships following conflict.
The cornerstone of all decisions in Family Law is the best interests of the child principle. When assessing a grandparent’s application for visitation, the court considers factors such as:
The nature of the child’s relationship with their grandparents.
The child’s views (depending on their age and maturity).
The effect of any changes to the child’s living arrangements.
The capacity of the grandparents to care for and provide for the child.
Any history of family violence, abuse, or neglect.
If the court believes that maintaining a relationship with grandparents is beneficial for the child’s wellbeing, it may grant visitation or communication rights.
Mediation Before Going to Court
Before lodging a court application, grandparents are encouraged — and in most cases, required — to attempt family dispute resolution (mediation).
Mediation allows families to discuss issues in a neutral, confidential environment and often leads to more amicable solutions without the need for court intervention.
If mediation fails, or if there are concerns about family violence or the child’s safety, the court may permit the matter to proceed without further mediation attempts.
Communication rights, such as phone or video calls.
Custody (in rare cases), if parents are unable to care for the child.
The process involves filing the appropriate forms, providing evidence, and possibly attending a hearing. The court may also seek reports from child experts to assess the family dynamics.
What Happens If Parents Object?
If parents disagree with the grandparents’ application, the court will carefully consider both sides. The judge’s focus remains on the child’s best interests — not the preferences of the adults involved.
In some cases, the court might order supervised visits or limited contact to maintain the child’s emotional stability. In others, if the relationship with the grandparents is deemed harmful, the court may deny visitation altogether.
The Role of Family Lawyers
Navigating Family Law issues involving grandchildren can be complex and emotionally taxing. Seeking advice from an experienced Family Lawyer ensures that your application is prepared correctly, your rights are protected, and your case is presented effectively in court.
At New South Lawyers, our compassionate legal team helps grandparents understand their options and advocates for arrangements that truly serve the child’s best interests.
While grandparents don’t have automatic visitation rights in Australia, Family Law recognises the important role they play in a child’s life. Courts can and do grant visitation orders when it benefits the child’s emotional and social wellbeing.
If you’re a grandparent facing obstacles to seeing your grandchildren, professional legal guidance can make a significant difference in achieving a positive outcome.
At New South Lawyers, we’re committed to helping families reconnect through fair and caring legal solutions. Whether you’re seeking advice on visitation, custody, or parenting orders, our Family Law experts are here to help.
Contact New South Lawyers today to schedule a consultation and take the first step toward reuniting with your loved ones.
