Grandparents do not have automatic rights to see their grandchildren, but they may be able to apply for parenting orders when contact is in the child’s best interests. Chat with our team today and find out what you need to know.
Have you been stopped from seeing your grandchild?
Daykin Family Law helps grandparents in Queensland understand their legal options, including mediation, parenting arrangements and applications for parenting orders where appropriate.
Grandparents’ rights law in Queensland can be quite complex. It is an unfortunate reality that children’s relationships with others can be casualties of parental separation and in the event that the separation of parents is not amicable, the children suffer the most. On occasion, parents may relocate or form a new relationship, curtailing or preventing entirely the opportunity for grandparents to see their grandchildren.
Grandparents are able to apply for a Parenting Order where necessary with respect to their grandchildren. The Family Law Act (1975) states that children have a right to spend time with and communicate with their grandparents on a regular basis.
Parenting Orders for grandparents can vary; some grandparents require orders for communication, whilst, in cases of risk or abuse or exposure to family violence, it may be ordered that the child lives with the grandparent.
You may need advice if:
These situations can be stressful, especially when you are trying to support your grandchild without making the conflict worse. Early legal advice can help you understand what options may be available, what steps should be taken before court, and how to approach the matter in a way that focuses on the child’s best interests.
Grandparents’ rights matters can be emotionally difficult, especially when family relationships are strained or a child’s wellbeing is at risk. Daykin Family Law provides clear, practical advice to help you understand your options and take the next step with confidence.
When you work with our team, you can expect:
Focused family law advice – We work across parenting matters, separation, mediation, litigation and family law agreements, giving you advice that reflects the wider family law context.
Practical guidance before decisions are made – We can explain whether mediation, negotiation, consent orders or a court application may be suitable for your situation.
Calm support during sensitive family conflict – We help you approach the matter carefully, with a focus on your grandchild’s best interests and the evidence needed to support your position.
Local support in Brisbane and Noosa – Our main office is located in Fortitude Valley, with appointments also available in Noosa at out meeting room alternatively we offer over the phone or video call appointments.
If you have been stopped from seeing your grandchild, are worried about their care, or need advice before taking the next step, speak with Daykin Family Law about your options.
Grandparents do not have an automatic right to see their grandchildren. The law focuses on what is in the child’s best interests. In some cases, grandparents can apply for parenting orders that allow them to spend time with, communicate with or care for their grandchild.
Yes, you may be able to apply for parenting orders if contact has been stopped. Before going to court, you may need to attempt family dispute resolution unless there are urgent circumstances or safety concerns. Legal advice can help you understand the right first step.
Yes, but this usually applies in more serious circumstances. A grandparent may seek orders for a child to live with them if there are concerns about the child’s safety, care or stability. The court will consider the child’s best interests, not what each adult wants.
Useful evidence may include records of your relationship with the child, previous care arrangements, messages about contact, evidence of missed visits, details of safety concerns, school or medical involvement, and any history showing your role in the child’s life.
Do not rely on verbal promises if contact keeps changing or being withdrawn. Legal advice can help you understand whether a written agreement, parenting plan, consent orders or court application may be appropriate.
Yes. Many grandparents seek legal advice before court is even considered. A lawyer can help you prepare for mediation, understand your options, negotiate clearly and avoid steps that may make the situation harder to resolve.
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