Grandparents play a vital role in many children's lives, providing emotional support and stability amid family changes. Under Australia's Family Law Act 1975 (Cth), no automatic right exists for grandparents to see grandchildren, but courts recognize their potential significance when in the child's best interests. This guide, authored by Hayder Shkara, Principal of Justice Family Lawyers with over a decade in family law and a Bachelor of Laws from UTS, outlines key processes and updates.
Legal Framework
The Family Law Act 1975 enables grandparents to apply for parenting orders under section 65C(ba), covering time spent, communication, and care. Amendments effective May 2024 simplified section 60CC into six key factors for assessing a child's best interests, removing prior hierarchies and emphasizing family violence alongside meaningful relationships. These changes prioritize child safety and welfare without presuming equal parental responsibility.
Rights to Contact Grandchildren
Grandparents lack inherent rights but can seek court orders if they demonstrate concern for the child's care, welfare, or development. Rights persist through divorce, unmarried births, or adoption, provided they do not override parental authority and serve the child's interests. Courts may grant custody in exceptional cases, such as parental unfitness, but only with evidence.
Court Application Process
Attempt Family Dispute Resolution (FDR) mediation first, obtaining a certificate from an accredited practitioner before filing—exceptions apply for urgency, violence, or incapacity. Apply to the Federal Circuit and Family Court of Australia (FCFCOA) with affidavits detailing your relationship and child-focused benefits. Successful mediation yields parenting plans or consent orders; court orders are binding but prioritize non-litigious resolutions.
Factors Courts Consider
Courts evaluate six best-interests factors post-2024 amendments:
Factor
Description
Meaningful relationships
Benefit to child from contact with parents, grandparents, and others
Safety from harm
Protection from abuse, violence, or neglect overrides other factors
Child's views
Age and maturity dependent
Change impacts
Effects of altering current arrangements
Practicalities
Logistics, costs, grandparent capacity (health, finances)
Cultural needs
Aboriginal/Torres Strait Islander rights; family violence history
These ensure decisions center on the child.
Parental Objections and Tips
Parents' opposition complicates matters, but courts assess genuine welfare concerns versus unrelated disputes. Document past involvement like school pickups or holidays to prove your positive role. Maintain calm, respectful communication and child-focused mediation to strengthen cases.
Seeking Professional Help
Justice Family Lawyers, led by Hayder Shkara—an Olympian-turned-family-law expert—offers consultations for QLD grandparents. Contact for case evaluation, FDR guidance, or FCFCOA applications, always prioritizing child welfare. Book via the site for tailored advice.