Grandparents do not have an automatic legal right to spend time with their grandchildren in Queensland. Under Australian family law, the main question is whether the proposed arrangement is in the child’s best interests.
In some situations, grandparents may be able to apply for parenting orders. These orders can deal with spending time with a grandchild, communicating with them by phone or video, or caring for them if there are serious concerns about the child’s safety or stability.
This can become especially important after parental separation, family conflict, relocation, loss of contact, or concerns about a child’s wellbeing. If you are unsure where you stand, getting early legal advice can help you understand your options before the situation becomes harder to resolve.
With a compassionate and pragmatic approach, Daykin Family Law can help you navigate the often daunting legal landscape and ensure the best course of action is taken for your grandchildren. Contact us today to find out how we can help you with when it comes to Grandparents Rights.
We look at how the Family Law Act (1975) recognises the importance of maintaining relationships between children and their close relatives, including grandparents. We will also discuss how a grandparent can apply for a Parenting Order.
Do grandparents have the right to see their grandchildren?
Based on the legislative framework, grandparents can have rights concerning their grandchildren, but these rights are always subject to the best interests of the child.
According to Section 60B2(b) of the Family Law Act, children have the right to spend time with and communicate regularly with their parents and other people significant to their care, welfare, and development. This includes grandparents and other relatives. However, it is crucial to note that these rights are not absolute and are contingent upon the child’s best interests. Factors to consider in determining the child’s best interests include ensuring their safety and, in effect, the fulfilment of parental duties and responsibilities.
Parenting Orders do not automatically include grandparents. Sometimes, when parents separate and make arrangements for their children, grandparents can be left out of the equation. When this occurs, the grandparent-grandchild bond can be impacted. Grandparents can apply separately to the Court for orders to spend time or communicate with their grandchildren, for example, if no agreement can be reached with the parents prior.
In a great number of cases, the legislation effectively dictates that family dispute resolution should be explored first between the grandparents and the parents before commencing such a Court application, as long as it is safe to do so for example.
How to apply for grandparents' rights
If a grandparent is prevented from spending time, or communicating in any way, with a grandchild or grandchildren, they may seek a Parenting Order that outlines the time they are able to spend with their grandchild or grandchildren, the communications they are to have with them or other orders. This is because the Court generally considers it the child’s right to have a relationship with close relatives such as grandparents. Grandparents are specifically named in the Family Law Act 1975 as having the right to apply for parenting orders.
If an agreement can be reached, informal arrangements and parenting plans are an option and an alternative to Court-ordered parenting orders. Or, if an agreement is to be binding and enforceable, parties (including grandparents) can formalise such agreements by applying for a consent order through the Federal Circuit and Family Court of Australia.
In some cases, grandparents can apply for parental responsibility to be able to make certain major long-term decisions in respect of their grandchildren. This is an example of one of the orders that grandparents can apply for, provided of course it is in the children’s best interests.
If no agreement can be reached between parties, then dispute resolution/family mediation usually must be undertaken first before applying to the Court for orders. If the issue is still unresolved, or family dispute resolution is inappropriate for example, then grandparents can apply for a Parenting Order to enable their grandchildren to spend time and/or communicate with them, or for the children to live with the grandparent(s) and for them to have parental responsibility for them. These are just some examples of what options there may be available.
There are a number of documents that grandparents need to be filed with the Court when applying for a Parenting Order, which Daykin Family Law can assist with. These documents include the following:
b. Affidavit: This document contains statements and evidence in support of the application
c. Section 60I certificate: This certificate is obtained from a Family Dispute Resolution practitioner, or an Affidavit non-filing of family dispute resolution certificate needs to be filed if exempt from family dispute resolution
d. Notice of child abuse, family violence, or risk: This form is mandatory and must be filed to report any such issues in the case
e. Any family violence orders: Copies of any relevant orders, if applicable.
f. Genuine steps certificate: This document shows applicant(s) have made a genuine effort to resolve the dispute before applying for a parenting order if appropriate.
Speak With a Family Lawyer About Grandparents’ Rights
Early legal advice can help grandparents understand what steps may be available before contact breaks down further or important decisions are made without them.
Daykin Family Law can advise you on parenting arrangements, family dispute resolution, consent orders and applications for parenting orders. We can also assist in serious matters where a grandparent may need to seek care or parental responsibility for a grandchild due to safety, stability or wellbeing concerns.
Our family lawyers can help you understand where you stand, what evidence may be relevant, and which pathway may suit your circumstances. Whether your goal is to restore contact, formalise an arrangement, prepare for mediation or respond to urgent concerns, we can give you clear advice before you take the next step.
If you are worried about your relationship with your grandchild or their care, contact Daykin Family Law to book an appointment.
FAQ’s
Do grandparents have legal rights to see their grandchildren in Queensland?
Grandparents do not have automatic rights, but they can apply to the Family Court for parenting orders that allow time or communication with their grandchildren if it is in the child’s best interests.
Can grandparents apply to the Family Court in Queensland?
Yes. Under the Family Law Act, grandparents are recognised as people concerned with the care, welfare, and development of a child and may apply for parenting orders.
Do grandparents need the parents’ permission to apply?
No. Grandparents can apply even if one or both parents object. The court will consider all circumstances before making a decision.
Do grandparents need to try mediation before going to court?
In most cases, yes. Family dispute resolution is usually required before filing an application, unless there are urgent concerns such as family violence or risk to the child.
How does the process of mediation work in family law?
Mediation in family law is a voluntary process where a neutral third party, the mediator, helps the disputing parties reach a mutually acceptable agreement on issues such as divorce, child custody, and property division. The mediator facilitates communication but does not make decisions for the parties.
This process encourages cooperation and can often lead to solutions that are more flexible and suitable for both parties compared to court-ordered judgments.
Can a parent legally stop grandparents from seeing their grandchildren?
A parent can decide who a child spends time with unless there is a court order in place. If contact has been stopped and you believe a relationship with you is in the child’s best interests, you may be able to seek legal advice about mediation or applying for parenting orders.
Can grandparents apply for urgent parenting orders?
Grandparents may be able to seek urgent orders if there are serious concerns about a child’s safety, care or stability. This may include concerns about family violence, neglect, substance use, unsafe living arrangements or a child being removed from a safe carer. Legal advice should be sought quickly in these situations.
Do grandparents need a lawyer to apply for parenting orders?
You are not required to have a lawyer, but legal advice can be valuable before you apply. A lawyer can help you understand whether you are eligible, what evidence may be needed, whether mediation is required, and how to frame the application around the child’s best interests.
What is the difference between a parenting plan and parenting orders?
A parenting plan is a written agreement, but it is not legally enforceable in the same way as a court order. Parenting orders are made or approved by the court and create legally binding obligations. Grandparents should get advice before relying on either option.
Can grandparents apply if the parents are still together?
Yes, grandparents may still be able to apply for parenting orders even if the child’s parents are together. The court will focus on whether the proposed arrangement is in the child’s best interests, not simply whether the parents agree.
