by jacqui bilson, principal solicitor at bilson law
Steps you can take to maintain your relationship with your grandchildren following family separation.
Separation can have a significant impact on family dynamics. When parents experience a relationship breakdown and separation, the relationship between the children and their grandparents can become fractured. However, the Family Law Act recognises that grandparents play an irreplaceable role in children’s lives and that this relationship is essential to the children’s wellbeing.
This article will explore the rights of grandparents under the Family Law Act to maintain a relationship with their grandchildren and re–establish contact if they have become isolated following separation.
Best interests of the children
It is well established in family law that the children’s best interest is the paramount consideration for all decisions made regarding parenting arrangements. When determining what is in the children’s best interest, the Court must consider the benefit to the child of having a relationship with other people who are significant to the child, such as the children’s grandparents or other relatives.
By recognising that the children’s relationships with their extended family is important to their wellbeing and best interests, the Family Law Act encourages and will promote arrangements which ensure an ongoing relationship with their relatives after separation.
Family dynamics are incredibly complex, and the options available to grandparents to re–establish a relationship with their grandchildren will depend on the specific circumstances of the matter. The Family Law Act empowers grandparents to apply for the children to live with them where there are serious safety concerns, or re–establish communication and contact in circumstances where they have been stopped from seeing their grandchildren.
The most appropriate avenue, whether through Court Orders or a parenting plan, will depend on your circumstances and factors such as the safety of the children and the children’s views.
Safety concerns or isolation
Under the Family Law Act, grandparents are entitled to apply to the Court or be a party in proceedings for parenting orders. In deciding what arrangements are in the children’s best interest, the Court must consider the arrangement that best promotes the safety of the child. Therefore, if you are concerned for your grandchildren’s wellbeing and safety following the separation, you can apply for orders such as:
- That the children live with you if there are safety concerns with both parents.
- To be included as a party with decision making responsibility or a requirement for the parents to consult with you prior to making decisions.
When there is a dispute about who the children should live with, the Court will consider factors such as the children’s safety, risk of harm, and the capacity of the parties to meet the needs of the children.
Re–establishing contact after separation
If you have been restricted from seeing your grandchildren following separation, you can apply for Orders allowing the children spend time and communicate with you.
Mediation is an essential requirement of family law proceedings, provided it is safe to do so. If you have been isolated from your grandchildren, you can request that you and the parents attend a mediation to discuss a new parenting arrangement which recognises the importance of your relationship with the grandchildren.
Both parenting orders and parenting plans can specifically address your relationship with your grandchildren. Both options can be agreed at and drafted during mediation. The arrangement can cover how much time the children spend with you, including school holidays and special occasions and how they communicate with you.
Conclusion
The Family Law Act 1975 acknowledges the essential contributions grandparents make to their grandchildren’s lives. The Act provides a legal avenue for grandparents to maintain or re–establish their relationship with their grandchildren following separation. While the process can be challenging, the emphasis on the best interests of the child ensures that any decisions made by the Court will prioritise the child’s wellbeing and safety. This includes promoting and encouraging arrangements which maintain the children’s connections with significant people in their lives, including their grandparents.
The information in this article is general information only.
For independent legal advice, please contact the caring team at Bilson Law on (02) 4339 0999 to arrange an initial consultation. At Bilson Law, we strive to promote amicable resolutions in family law. bilsonlaw.com.au