Grandparents’ Rights

Expert Help from a Grandparents’ Rights Lawyer

As children grow up, grandparents play a significant role in their lives. Strong and meaningful relationships with grandparents can provide a child with added stability, emotional support, and a strong sense of family connection that can guide them as they develop throughout their young years. However, since parents are still typically the most immediate relationship for a child, breakdowns between parents and family relationships can lead to grandparents finding their time with their grandchildren suddenly cut off or reduced.

Australian family law recognises the importance of the relationship between children and their grandparents. It provides opportunities and pathways for grandparents to restore or preserve their time with their grandchildren through legal means.

Schetzer Papaleo Family Lawyers’ team of grandparents’ rights attorneys can provide legal advice for grandparents, guiding you through your options with care, focus, and an emphasis on the best interests of the child.

Where Grandparents Fit in Family Law

Under the Family Act Law 1975, the best interests of a child are the paramount consideration when it comes to parenting matters. Recognising that meaningful relationships are a significant factor in a child’s well-being and development, stable and enduring relationships between a child and their grandparents are considered beneficial for the child.

Although grandparents do not have automatic rights to spend time with their grandchildren, they maintain legal standing to apply to the court for parenting orders. These orders enable grandparents to participate more in their grandchildren’s lives, whether through spending time with them, communicating via phone calls or video calls, or being present at significant events in the child’s life.

Factors that the court looks at when considering a grandparent’s application include elements like the existing relationship between a grandparent and grandchild, the benefit of maintaining the relationship, primarily for the child, and whether the proposed arrangements are in the best interest of the child.

With the numerous considerations that may be involved in enacting grandparents’ rights, our grandparents’ rights lawyers can assist you by providing tailored legal aid for grandparents’ rights that suits your specific situation.

Pathways to Time or Communication for Grandparents

There are several options available for grandparents seeking to be present in their grandchild’s life, and court proceedings may not always be necessary.

Cooperative discussions with a child’s parents can work for some families, provided that these informal arrangements are child-focused and that possibly fragile relationships do not deteriorate further. However, should these discussions prove fruitless, mediation usually follows as the next step. With the assistance of an accredited mediator, mediation enables concerned parties to explore practical solutions in a neutral and structured environment. Resolving disputes at this stage can preserve relationships and avoid the stress of litigation.

If proceeding to court becomes necessary, grandparents may apply for parenting orders as mentioned earlier. Although still generally a last resort, it may become an essential step in preserving a meaningful relationship that benefits a child’s best interests.

When Contact is Being Blocked

Parents separating or broader family conflict can lead to a sudden and complete loss of contact between grandparents and their grandchildren. Should this be the case, preparation is critical in proceeding. In certain situations, interim or urgent steps may be necessary or appropriate in preserving a child’s best interests. An experienced grandparents’ rights attorney can help you assess the best course of action in your specific situation.

How Schetzer Papaleo Family Lawyers Helps Grandparents

We understand that disputes involving grandchildren often involve sensitive family dynamics. We approach these cases with compassion, focusing on the child while also providing practical solutions that aim to reduce conflict as much as possible for all the parties involved.

Our team of industry-leading experts in family law can assist you by explaining your legal positions, helping you prepare child-focused proposals, and supporting you throughout mediation and, if necessary, court proceedings. We understand the weight and importance of cases like this and offer compassionate and practical legal assistance throughout the entire process.

Request a Confidential Consult

If you’re a grandparent worried about losing contact with your grandchildren, early legal advice can make all the difference. Take informed steps to protect your relationship by requesting a confidential consultation as soon as possible. To speak to a dedicated grandparents’ rights lawyer, get in touch with Schetzer Papaleo Family Lawyers by calling us at +61 3 8602 2000 or emailing us at admin@spfamilylawyers.com.au today.