When families go through change such as a separation or divorce, the role of grandparents and their relationships with children can become complicated.
In Australia, the family law system recognise that grandparenting is a special relationship and as such, grandparents are an eligible person pursuant to the Family Law Act to apply for a parenting order. Despite this, the recent reforms to the Family Law Act in May amended the Act to remove specific reference to grandparents. When considering the best interests of a child, the court will consider the benefit to the child of having a relationship with grandparents where it is safe to do so.
There are several instances where a grandparent may apply to the Court for orders in relation to a grandchild. These include where a parent or carer is stopping a child from spending time with or speaking to a grandparent, and where a grandparent is of the view that a parent can’t take care of a child or a child is at risk of harm in the parent’s care.
Every family situation is unique. The courts will consider various individual factors in determining what is ultimately in the best interests of a child. If you are a grandparent seeking family law advice, contact our office to schedule an appointment.