grandparent rights

Unfortunately grandparent’s do not have a default “right” to have a relationship or contact with their grandchildren. Fostering a relationship with your grandchildren usually requires co-operation from the children’s parents.

The Court always considers the paramount consideration to be the child’s best interests. Accordingly, the Court may consider a grandparent’s rights, as grandparents are generally “people significant to the child’s care, welfare and development”.

what can I do if I want to see my grandchildren?

At first instance, if the parents are not allowing you to spend time with your grandchildren. it is always recommended to attempt family dispute resolution, family therapy or mediation. If you are able to reach an amicable outcome via alternative dispute resolution, this can be formally documented either through a parenting plan or through consent orders.

Click here for more information regarding consent orders:

Click here for more information regarding parenting plans:

seeking a court order

If you are unable to reach an amicable outcome via alternative dispute resolution, you may make an application to the Court.

When considering an application of this nature, the Court may consider:

  • the child’s views or desires;

  • the amount and consistency of time spent with the child previously (i.e., if contact has been regular to date);

  • the beneficial nature of the existing relationship with the child; and

  • the practicality to facilitate contact.

can I become a primary carer?

If it is in the child’s best interest, there are extreme circumstances where the Court may order that a grandparent be made the child’s primary carer and be provided parental responsibility. These extreme circumstances are usually limited to cases of criminal activity, family violence, substance abuse or similar.

It is always difficult, however, to establish that biological parents should not be able to the decisions that are best for their child or children, as the Court will always look to promote a meaningful relationship between a child and their parents. Accordingly, serious consideration of the extremally difficult nature of litigation, and the impacts that this can have on a child(ren), must always be considered.

Pickering Pendleton is a Sydney family law firm with experienced lawyers who are able assist you and formulate the best course of action for your personal situation. If you require advice in relation this this, please contact us for a free 30 minute consultation.