In most family dynamics, grandparents hold a cherished and important place in the lives of their grandchildren. Yet, when family dynamics shift due to separation, divorce, or other legal issues, these grandparents may struggle to staying connected. If you are worried about the immediate safety of your grandchild, you should contact the police and your local welfare agency.
If you are in a situation where you are being refused access to your grandchild and/or grandchildren your first point of call should be to seek legal advice. Section 65C of the Family Law Act 1975 addresses grandparents’ roles and responsibilities.
“…Children have the 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)”.
Going to court should be a last option. Before you move forward it is in your best interest to try to come to an agreement with the parents about how and when you can have contact with your grandchildren. It is in the majority’s best interest to resolve disputes without going to court and the Family Law Act 1975 actually requires people to try family dispute resolution before anything else.
If a case goes to court there will then be a hearing and the court will decide what outcome is best suited for the best interests of the child. When determining grandparents’ rights and visitation, the court considers several key factors:
Child’s Best Interests: The foremost priority is the child’s emotional, psychological, and social health. The court evaluates whether a relationship with the grandparents will positively impact the child’s growth and overall well-being.
Significant Relationship: The court looks at the depth of the relationship between the grandparent and the child, assessing whether it is vital for the child’s happiness and development.
Child’s Preferences: Depending on the child’s age and maturity level, the court may take into account their feelings about spending time with their grandparents.
Family Relationships: The court examines the broader family dynamics, including the interactions between the grandparent and the child’s parents, any history of domestic issues, and other pertinent factors like substance abuse or mental health challenges within the family.
Impact of Court Orders: The court considers how any potential orders might affect the child, particularly the advantages of maintaining connections with important figures in the child’s life, such as grandparents.
Practical Aspects: The logistics of the child visiting their grandparents, including living situations, distance, and the ability to facilitate regular visits, are also crucial elements in the court’s decision-making process.
The legal process can be time-consuming, and there is no guarantee of a successful outcome due to the lack of an ‘automatic right’ for grandparents in Australia.
