Do grandparents have rights to see their grandchildren?

GRANDPARENTS AND THE FAMILY LAW ACT

Grandparents do have rights and the Family Law Act specifically mentions grandparents as having a right to institute proceedings to ask for Parenting Orders in relation to children.  The best interests of the children is always the paramount consideration of the Court.

Whilst the Court will consider the importance of grandparents in their grandchildren’s lives the Court also has to balance the interests of the parents and others.  The Court will, where it is in the best interests of the children, provide grandparents with time with the grandchildren but every case will rest on its merits and individual circumstances.

Remember that in most cases mediation is compulsory before court proceedings can be commenced.  We can assist you by arranging an advice session, mediation and representation in court.