Grandparents and Carers in Australia’s Family Law: Latest Reforms
In recent years, Australia’s Family Law landscape has undergone major reforms, with significant changes to the Family Law Act 1975. Among those most impacted are grandparents and carers—two groups often left navigating complex legal waters in family disputes.
With the latest reforms placing a renewed emphasis on the best interests of the child, it’s crucial for grandparents and carers to understand where they now stand under Australian law.
This article explores these changes, the rights of grandparents and carers under the Family Law Act, and how they can seek legal protection through parenting orders.
The Crucial Role of Grandparents and Carers in Family Law
In Australian society, grandparents and carers often play an essential role in raising children—whether temporarily or long-term. In many cases, they step in during times of family breakdown, parental incapacity, or other difficult circumstances.
Under the Family Law Act 1975, grandparents and carers have always been recognised for their unique role in a child’s life. However, their rights to seek legal protection and court orders have historically been complicated and misunderstood.
The law acknowledges that children benefit from ongoing relationships with those who are significant to them—including grandparents and carers. Yet, obtaining formal legal recognition, such as through parenting orders, often requires navigating complex legal processes.
Latest Family Law Reforms: What Grandparents and Carers Need to Know
In May 2024, sweeping reforms to the Family Law Act 1975 came into effect, aiming to simplify parenting decisions and improve outcomes for children.
Key Changes Relevant to Grandparents and Carers:
Stronger Focus on the Child’s Best Interests: The updated law places greater weight on ensuring parenting decisions prioritise the child’s safety, wellbeing, and long-term development. Grandparents and carers who can demonstrate a meaningful and positive relationship with the child may now find it easier to gain recognition.
Simplification of Parenting Orders: The old “presumption of equal shared parental responsibility” has been removed. Now, courts focus solely on the child’s needs rather than parental rights—benefiting grandparents and carers seeking parenting orders.
Clarity for Non-Parent Carers: The reforms specifically acknowledge non-parent carers, such as grandparents, step-parents, or kinship carers. This recognition makes it easier for them to apply for parenting orders without needing to overcome procedural hurdles designed for parents.
These changes mean that grandparents and carers now have clearer legal pathways to seek court orders, ensuring they can maintain or build relationships with the children in their care.
Grandparents’ Rights After the Reforms
Grandparents in Australia can apply for parenting orders under the Family Law Act 1975 if they can demonstrate their involvement is in the child’s best interests.
While grandparents do not automatically have the same rights as parents, the courts now place greater emphasis on:
The nature of the relationship between the child and the grandparent
The child’s emotional and psychological needs
Any history of family violence or risk of harm
The grandparent’s ability to provide stable care
In many cases, grandparents may seek orders for visitation rights or even full custody, particularly if parents are unable or unwilling to provide appropriate care.
The latest reforms simplify this process and aim to reduce conflict between parties, ensuring a more child-focused approach to decision-making.
Carers’ Legal Rights Under the Family Law Act
Carers—whether they are step-parents, relatives, or close family friends—can also apply for parenting orders under the Family Law system.
Who Qualifies as a Carer?
Carers may include:
Foster carers
Kinship carers
Informal carers providing day-to-day care
The Family Law Act now more clearly recognises carers' roles and enables them to seek legal rights relating to parenting.
To obtain a parenting order, carers must demonstrate that:
The child has lived with them
They have played a significant parental role
The arrangement serves the child’s best interests
With the updated law, carers face fewer procedural barriers and have improved opportunities to secure parenting orders or contact arrangements.
How Grandparents and Carers Can Apply for Parenting Orders
Here is a step-by-step outline for grandparents and carers seeking parenting orders:
Attempt Family Dispute Resolution (FDR): Before applying to court, most parties must attempt mediation or Family Dispute Resolution through an accredited service such as the Family Relationship Advice Line.
File an Application: If mediation fails or is inappropriate (such as in cases involving family violence), grandparents or carers may apply to the Federal Circuit and Family Court of Australia.
Court Process: The court will consider the case, focusing primarily on the child’s safety, wellbeing, and connection to the applicant.
Court Orders: Orders may cover living arrangements, time spent with the child, or parental responsibility.
The recent reforms to Australia’s Family Law Act 1975 mark a significant step towards recognising the important roles of grandparents and carers in children’s lives.
By removing outdated presumptions and simplifying parenting orders, the law now offers clearer pathways for non-parent carers seeking legal rights.
If you’re a grandparent or carer navigating these changes, professional legal advice is essential to ensure your rights—and the child’s best interests—are protected.
