Important Note: This article provides general information only and is not a substitute for legal advice about your circumstances. Family law matters can vary depending on the facts of each case, so you should seek independent legal advice before making decisions about your rights or legal options.

Grandparents can play an important role in a child’s life, from providing regular care to offering stability during difficult family circumstances. When parents separate, family relationships break down or contact suddenly stops, losing that connection can be distressing for both the grandparent and the child.

This often raises the question: can grandparents apply for visitation rights in Australia?

Australian family law recognises grandparents and allows them to apply for parenting orders in appropriate circumstances. However, grandparents do not have an automatic legal right to see their grandchildren. The court focuses on whether the proposed arrangements are in the child’s best interests.

If you have been prevented from seeing your grandchild, understanding this distinction can help you consider your options.

Grandparents and Visitation Rights Under Australian Family Law

The term ‘visitation rights’ is commonly used when discussing grandparent contact. Australian family law generally refers instead to a child spending time with or communicating with another person.

Under the Family Law Act 1975, grandparents are among the people who may apply for parenting orders concerning a child. This recognition does not create an automatic right to contact.

If a matter reaches court, the focus is on the child’s circumstances and whether the proposed arrangements are in their best interests. A biological relationship with a grandparent does not, by itself, determine the outcome.

What Parenting Orders Can Grandparents Seek?

Parenting orders can address more than occasional visits. Depending on the circumstances, a grandparent may seek orders providing for:

• regular time with a grandchild
• telephone or video communication
• school holiday contact
• time together on birthdays or other special occasions
• arrangements for where the child lives
• other aspects of the child’s care, welfare or development.

The orders sought should reflect the grandparent’s existing role in the child’s life and the child’s circumstances.

For example, a grandparent who has regularly cared for a grandchild after school may seek to maintain that relationship. A grandparent who has provided substantial day-to-day care may have grounds to seek broader parenting arrangements.

When Might Grandparents Consider Applying?

There are different circumstances in which a grandparent may consider applying for parenting orders.

These may include:

• contact stopping after the child’s parents separate
• a disagreement developing between a parent and grandparent
• the death of a parent resulting in reduced contact with that side of the family
• the grandparent having previously provided substantial care
• concerns about a parent’s capacity to care for the child
• family violence, substance misuse or other circumstances affecting the child’s safety or wellbeing.

These circumstances do not automatically mean that parenting orders will be made. They provide context for considering what arrangements may be appropriate for the child.

What Does the Court Consider?

The court determines parenting matters according to the child’s best interests.

For an application involving grandparents, relevant considerations may include:

• the child’s safety
• the child’s developmental, psychological, emotional and cultural needs
• the child’s views, where appropriate given their age and maturity
• the nature and history of the child’s relationship with the grandparent
• the grandparent’s capacity to meet the child’s needs
• the benefit of maintaining relationships with parents and other significant people where it is safe to do so
• any relevant history of family violence, abuse or neglect.

The court considers these matters in the context of the child’s individual circumstances. It does not assume that grandparent contact is automatically beneficial or inappropriate.

Why the Existing Relationship With a Grandchild Matters

The history of the grandparent-child relationship can help the court understand the potential effect of different arrangements.

For example, grandparents who have cared for a grandchild several days each week, attended medical appointments and remained part of the child’s regular routine may have a different relationship with the child from grandparents who have had very limited contact.

Evidence of a close and established relationship may help demonstrate the role the grandparent has played in the child’s life. The court will still consider that relationship alongside the child’s needs, safety and broader family circumstances.

What If a Parent Objects to Grandparent Contact?

A parent’s objection is relevant, but it does not automatically prevent a grandparent from applying for parenting orders.

The reasons for the objection may need to be considered. A parent may raise concerns about:

• conflict during previous contact
• the grandparent undermining parenting decisions
• exposure to unsafe people or environments
• family violence
• the child’s emotional response to contact.

In other cases, the disagreement may primarily involve conflict between adults rather than concerns about the child’s safety or wellbeing.

If proceedings commence, the court considers the available evidence and the circumstances affecting the child rather than treating either the grandparent’s or parent’s position as automatically decisive.

Family Violence and Safety Considerations

Safety is an important consideration in parenting matters involving grandparents.

Relevant concerns may include:

• family violence
• child abuse or neglect
• drug or alcohol misuse
• unsafe living conditions
• exposure to harmful behaviour.

Where family violence or other safety concerns are raised, evidence may include police material, protection orders, relevant messages or correspondence, medical evidence, affidavit evidence and information from child protection authorities where applicable.

A grandparent may also seek court intervention because they are concerned about risks affecting their grandchild. The court considers those concerns alongside the available evidence and the child’s overall circumstances.

Where there is an immediate risk to a child, urgent legal advice may be necessary rather than waiting for ordinary negotiations to progress.

Can Grandparents Resolve Contact Arrangements Without Going to Court?

Yes. Where communication remains possible, grandparents and parents may be able to agree on arrangements without contested court proceedings.

Family Dispute Resolution (FDR) can provide an opportunity to discuss issues such as:

• how often the child spends time with the grandparent
• where visits take place
• school holiday arrangements
• telephone or video communication
• transport arrangements
• boundaries that may help reduce adult conflict.

In most parenting matters, parties are generally required to attempt FDR before applying to court unless an exemption applies. Where the matter cannot be resolved, an accredited Family Dispute Resolution Practitioner may issue a Section 60I Certificate, which is generally required before parenting proceedings commence.

Exceptions can apply in circumstances such as family violence, child abuse or urgency.

Where an agreement is reached, the arrangements may be recorded in a parenting plan or formalised through Consent Orders, depending on the circumstances and the level of legal certainty required.

How Can a Grandparent Apply for Parenting Orders?

If an agreement cannot be reached, a grandparent may apply to the Federal Circuit and Family Court of Australia for parenting orders.

The application should clearly identify the orders being sought and explain why the proposed arrangements are in the child’s best interests.

Depending on the circumstances, supporting evidence may include:

• an affidavit describing the relationship with the child
• details of previous care arrangements
• relevant messages or correspondence
• evidence of regular involvement in the child’s life
• information relevant to safety concerns
• existing parenting orders or agreements.

The focus should be on the child’s circumstances, the relationship between the grandparent and child, and why the proposed arrangements would support the child’s best interests.

Can a Grandparent Seek for a Child to Live With Them?

Yes, in appropriate circumstances.

Some grandparents provide substantial or ongoing care and may become a child’s primary carers because a parent has died, become unavailable or cannot safely care for the child. In these circumstances, a grandparent may seek parenting orders providing for the child to live with them.

Applications involving where a child lives can raise more complex issues, particularly where parents, grandparents or child protection authorities have competing positions. The appropriate orders and evidence will depend on the circumstances of the child and family.

The Bottom Line

Grandparents can apply for parenting orders in Australia, including orders allowing them to spend time or communicate with their grandchildren. In appropriate circumstances, they may also seek orders for a child to live with them.

However, grandparents do not have an automatic legal right to visitation or contact. The court considers the child’s best interests, including the child’s needs, existing relationships, safety and the circumstances surrounding the proposed arrangements.

If contact has stopped or you have previously played a substantial caring role in your grandchild’s life, understanding the available options can help you determine whether an agreement, Family Dispute Resolution or a court application may be appropriate.

FAQs

Do grandparents have an automatic right to see their grandchildren?

No. Grandparents can apply for parenting orders, but there is no automatic entitlement to contact with a grandchild.

Can grandparents apply for overnight time?

Yes. A grandparent can seek parenting orders that provide for overnight or other periods of time with a grandchild where the proposed arrangement is in the child’s best interests.

Can a grandparent apply if both parents object?

Yes. Parental opposition does not prevent a grandparent from making an application. The court will consider the parents’ concerns and the other relevant evidence when determining what arrangements are appropriate for the child.

Can grandparents seek custody of a grandchild?

A grandparent can seek parenting orders providing for a child to live with them. Whether those orders are made depends on the child’s circumstances and best interests.

Speak With Johnsons Law Group About Grandparent Parenting Orders

If contact with your grandchild has stopped or you have taken on a substantial caring role, understanding your legal position can help you consider whether negotiation, Family Dispute Resolution or a court application may be appropriate.

At Johnsons Law Group, we can help you assess your circumstances, identify suitable parenting arrangements and prepare the evidence needed to support your position. Where an agreement is possible, we can also help you formalise arrangements and work towards resolving the matter without unnecessary conflict.

For advice about grandparent parenting orders, call us on 02 9600 7277 or visit our Contact Us page to arrange a confidential consultation. We can help you understand the available options and take an approach centred on your grandchild’s best interests.