I would like to see my grandchildren…do I have rights?

I would like to see my grandchildren…do I have rights?

25 - 01 - 2018
| Joshua Peters
I would like to see my grandchildren...do I have rights?

Yes grandparents, you do have rights to see your grandchildren! However the Family Law Act states it differently – it’s your grandchildren who have the right to have a meaningful relationship with all significant members of their family, as long as the children are always protected from psychological harm and or abuse, (s60B). So it’s the children’s right to know and have a relationship with their grandparents.

Any person who is concerned with the care, welfare and or development of a child or children may bring an application to the Court to either spend time with them, or care for them full time.

If you have concerns that your grandchildren are not safe due to the incapacity of one or both of their parents, because of illicit and or prescription drugs, and or alcohol abuse, domestic violence and or criminal associations and activities, it is imperative you seek help to protect your grandchildren.

If you haven’t seen your grandchildren due to the death of your child, the parent of your grandchildren, or divorce, or a family falling out, has stopped you spending time with your grandchildren, you can ask for help to establish a relationship, or re-establish that connection you once had with your grandchildren.

The legislators have taken care to include specific provisions into the Family Law Act to help safeguard the bond between grandchild and grandparents by specifically:

  • Referring to grandparents being able to apply for parenting orders in the Family Court and the Federal Circuit Court, (s65);
  • Referring to the importance of the role of grandparents, (s 60B(2));
  • Referring to the nature of the relationship of the child and his or her grandparents, (s60CC(3)(b));
  • Referring to the effect of any change in circumstances, including the effect on the child if separated from his or her grandparents, (s60CC(3)(d)(ii));
  • Referring to the capacity of the grandparents to provide for the needs of the child, (s60CC(3)(f));
  • Referring to the fact that a grandparent can be referred to in a Parenting Plan or Parenting Order (s63C(2A)), and
  • Stating that it may be appropriate to involve grandparents in family counselling (s13C(3)).

If you would like to ensure that your grandchildren have a relationship with you and the rest of your family, don’t hesitate to call us on (07) 5679 8016 or email us on info@advancefamilylaw.com.au to discuss your options of having a meaningful role in your grandchildren’s lives.

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