The reassuring answer is yes — in Australia, grandparents can apply to the court to spend time with their grandchildren under certain circumstances. However, the process and outcomes depend on several important legal factors.
The Family Law Act 1975 specifically allows people who are significant in a child’s life — including grandparents — to apply for parenting orders. These orders can include arrangements for:
Spending time with the child
Communicating with the child (phone calls, video chats, letters)
Shared care responsibilities in some cases
Therefore, grandparents are not excluded from seeking legal recognition of their relationship with a grandchild.
When Might Grandparents Apply for Visitation?
Grandparents may consider applying for court orders in situations such as:
Parental separation or divorce
Family conflict that restricts access to grandchildren
Death of a parent
Concerns about the child’s welfare or safety
Estrangement between grandparents and parents
Often, disputes arise following family breakdowns where one parent limits or prevents contact between children and grandparents.
Before going to court, it is usually recommended that families attempt mediation or dispute resolution services. Courts generally prefer parties to try resolving matters outside litigation where possible.
The Court’s Main Consideration: Best Interests of the Child
When deciding whether to grant visitation or contact, the court will always prioritise what is best for the child. Factors considered may include:
The existing relationship between the grandparent and child
The benefit of maintaining family connections
The child’s emotional and psychological needs
Any history of family violence or risk factors
The views of the child (depending on age and maturity)
The capacity of each adult to support the child’s wellbeing
If the court determines that ongoing contact with grandparents supports the child’s development and happiness, orders are more likely to be granted.
Do Grandparents Need Permission to Apply?
Grandparents do not need parental permission to apply for parenting orders. They can file an application directly with the Federal Circuit and Family Court of Australia.
However, before filing, most applicants must obtain a certificate confirming they attempted Family Dispute Resolution (FDR), unless exemptions apply (for example, urgent cases or family violence situations).
Types of Parenting Orders Grandparents Can Seek
Depending on circumstances, grandparents may request:
Regular visitation schedules (weekends, holidays, special occasions)
Telephone or video communication rights
Supervised time with the child
Shared parental responsibility in rare cases
Living arrangements (if parents cannot care for the child)
Each case is unique, and courts tailor orders to suit the child’s needs and family circumstances.
Challenges Grandparents May Face
While the law allows grandparents to apply, success is not guaranteed. Some challenges include:
Strong parental objections
Limited previous relationship with the child
Evidence suggesting contact may cause conflict or stress
Concerns about safety or wellbeing
Courts are cautious about making orders that could increase family tension or expose children to ongoing disputes.
This is why proper legal advice is important before starting proceedings.
Alternatives to Court Proceedings
Court should usually be a last resort due to emotional and financial costs. Alternative approaches include:
Family mediation services
Informal agreements between parents and grandparents
Counselling or family therapy
Parenting plans (non-legally binding but helpful)
Many families reach workable arrangements without litigation when communication improves.
The Importance of Legal Advice
Family Law matters involving children can be complex and emotionally charged. Grandparents considering legal action should seek advice from a qualified family lawyer who understands parenting order applications.
Legal professionals can help assess:
The strength of your case
Evidence required
Possible outcomes
Risks and costs involved
Alternative dispute resolution options
Early advice often improves the chances of achieving a positive outcome.
Maintaining connections between children and grandparents can be incredibly valuable for emotional support, identity, and family stability.
Australian law recognises this importance while ensuring children remain protected.
If you are a grandparent concerned about losing contact with your grandchild, seeking professional Family Law advice can help you understand your options and protect your relationship.
Speak with an experienced family lawyer. Contact New South Lawyers today and make all the difference in achieving a positive and child-focused outcome.
