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Family Law - Grandparents and Their Rights

Date: January 13, 2012

Authors: Angelita Manlangit LL.B.

Grandparents and Their Rights

In recent years, the role of grandparents has become increasingly significant. Considering the increase of family breakdown, participation of both parents in the labour force, financial difficulties, single parenthood, cost of child care, more grandparents are yearning to know their rights on how they could regularly contact their grandchildren and what they can do to help care for their grandchildren.

Family Law Act (Cth) 1975

A grandparent’s right to contact their grandchildren is recognised under the Family Law Act 1995 (Cth) 1975. This is to address the unfortunate, yet common situation of grandparents being erased in the children’s lives after the separation or divorce of the parents. The Family Law Act states that the children have the right to spend time and communicate with, on a regular basis, both their parents and other persons who have a significant effect to their care, welfare and development, including grandparents. In determining what is in the best interests of the child, the Court takes into account a number of factors. Three (3) factors specifically relevant to grandparents are:

  • Section 60CC(3)(b)ii

The nature of the relationship of the child with any other persons, including grandparents.

  • Section 60CC (3)(d)(ii)

The likely effect of any changes in the child's circumstances, including the likely effect on the child if they are separated from any other person with whom they have been living, including their grandparents.

  • Section 60CC (3)(f)(ii)

The capacity of any other person, including the grandparents, to provide for the basic needs of the child, including emotional and intellectual needs.

Despite the abovementioned provisions, there are often situations where grandparents are denied the opportunity to contact their grandchildren. If such situation arises, grandparents should seek advice from our Family Law Solicitors regarding mediating a possible arrangement. This may result to an agreement that specifies the amount of time the child spends with their grandparents. However, in the event that an agreement cannot be reached, it is necessary to make an application to the Family Court, seeking an order that allows the grandparents to spend time and communicate with their grandchildren. The Court will have the final decision as to whether or not it is in the best interests of the child to have contact with their grandparents.

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