Do grandparents have “rights” when it comes to children after a family separates?

Often, grandparents will play a significant role in a child’s life. When there is a relationship breakdown between the parents of a child, this can sometimes pose difficulties for grandparents to continue to interact with their grandchildren in the same way they did before.

A question commonly asked is “What rights do I have as a Grandparent?” The short answer is that grandparents do not have an automatic right to see their grandchildren. However, children have rights.

Specifically, an underlying principle of the Family Law Act 1975 is that:

“…children have a right to spend time on a regular basis with, and communicate on a regular basis with, both their parents and other people significant to their care, welfare and development (such as grandparents and other relatives)”

The exception to this right is when such time or communication is contrary to a child’s “best interests”. For example, there may be some risk to a child by being in a grandparent’s care.

Following separation, if both parents are spending significant time with the child, then it is generally expected that the maternal grandparents will see the child when he/she is with their mother, and that the paternal grandparents will see the child when he/she is with their father. However, this is not always the case when for example, one parent does not spend much time (if any), with the child.

If an agreement can be reached between a grandparent and the parents as to when and how often they can see the grandchildren, then this can be documented in a Parenting Plan, or even Consent Orders.

If there is no agreement, then the grandparent/s should attempt to mediate with the parents. Indeed, this is a requirement (with some exceptions) before proceeding to Court. Grandparents do have standing to make an Application to the Court, seeking Orders relating to their time with their grandchildren.

Sometimes, when one or both of a child’s parents is unable to care for the child, it is necessary for one or more grandparent to step in and care for the child. It is possible to have an Order made through the Family Law Courts to enable this.

So whilst grandparents do not have any automatic rights, post-separation or breakdown of the family, doesn’t necessarily mean they will have no contact with their grandchildren. There are options available to them.

Read the full article here.