By Mia Eddy, Paralegal & Sheree Orbell, Solicitor Director at Orbell Family Lawyers
Grandparents hold a special and enduring place in the lives of children. They offer love, wisdom and a sense of stability across generations. When families go through changes such as separation, illness or hardship, grandparents often step in, providing both emotional and practical support.
If you’re a grandparent who is helping raise your grandchildren, concerned about their wellbeing or worried about losing contact with them, there are ways to seek help and protect your connection. This article explores the evolving roles and legal rights of grandparents, especially when family circumstances change.
When Families Separate
Separation can be a difficult time for everyone involved, especially children. Grandparents often become a source of comfort and consistency during these challenging times. However, separation can sometimes disrupt the time grandparents are able to spend with their grandchildren.
In some cases, parents informally agree on living arrangements and the time children spend with their extended family. In others, formal agreements are entered into, or the matter is resolved through Court Orders.
It’s important to understand that while grandparents don’t automatically have a legal right to see their grandchildren, the law does recognise the value of these relationships. Under the Family Law Act 1975, the focus is on the best interests of the child, which can include maintaining relationships with extended family, including grandparents.
When You’re Raising Grandchildren Full Time
More and more grandparents are becoming full–time carers for their grandchildren. This can occur for many reasons such as a parent’s illness, addiction, mental health challenges or an inability to provide a safe home.
Caring for grandchildren full time can be both deeply fulfilling and incredibly demanding. You may find yourself navigating school enrolments, medical appointments and government paperwork, often years after having raised your own children.
Support is available. From financial assistance through Services Australia to formalising your caregiving arrangement through the courts, there are steps you can take to ensure stability and clarity for everyone involved. Seeking legal advice from an experienced family lawyer early can help ease the burden and provide peace of mind.
It’s important to understand that while grandparents don’t automatically have a legal right to see their grandchildren, the law does recognise the value of these relationships
When You’re Being Prevented from Seeing Your Grandchildren
Unfortunately, some grandparents find themselves suddenly cut off from their grandchildren, sometimes after playing a key caregiving role. This can happen when family relationships break down or when parents resume care after a period of absence.
If this occurs, the first step is to try to speak with the parents to try and reach an agreement, if it is safe and constructive to do so. Open communication can sometimes restore a relationship, without needing external support.
If this isn’t possible or doesn’t resolve the issue, you may consider family dispute resolution (a form of mediation) or seeking legal advice. Grandparents can apply to the Court for Orders to spend time with their grandchildren or, in some cases, to have a role in making decisions about the child’s care. The Court’s primary concern is always the child’s wellbeing, not the wishes of the adults involved.
When You’re Concerned for Your Grandchildren’s Safety
As a grandparent, it’s natural to worry if you believe your grandchildren might not be safe or well cared for. Concerns might arise due to exposure to domestic and family violence, substance abuse, neglect, mental health issues or unstable living environment.
For urgent concerns, call Triple Zero (000). If the situation is not an emergency, you can report your concerns to the Department of Communities and Justice (DCJ).
If you wish to step in and care for your grandchildren long term and they are not in immediate danger, a family lawyer can help you explore your options and understand your rights.
Support and Resources
There are a number of services that offer support, information and guidance to grandparents:
Family Relationship Advice Line – 1800 050 321 www.fral.org.au
Provides advice about the family law system and referrals to dispute resolution services.
Raising Children Network raisingchildren.net.au
Practical advice and videos specifically for grandparent carers.
Services Australia Support for Grandparent Carers 136 150 servicesaustralia.gov.au
You may be eligible for financial assistance depending on your circumstances.
Final Thoughts
Being a grandparent is one of life’s great joys, but when family dynamics shift, it can also come with unexpected challenges. Whether you’re helping during a tough time, caring full time or trying to stay in contact, it’s important to know you’re not alone.
Support is available. Knowing your options, your rights and where to turn for help can give you the confidence to make decisions in your grandchildren’s best interests.
Liability limited by a scheme approved under Professional Standards Legislation. The information contained in this article is provided for information purposes only and should not be construed as legal advice.