{"id":8664,"date":"2025-03-11T23:24:44","date_gmt":"2025-03-11T12:24:44","guid":{"rendered":"https:\/\/onthecoastpublications.com.au\/onthecoastover55\/?p=8664"},"modified":"2025-01-17T23:30:47","modified_gmt":"2025-01-17T12:30:47","slug":"grandparents-rights-family-separation","status":"publish","type":"post","link":"https:\/\/onthecoastpublications.com.au\/onthecoastover55\/grandparents-rights-family-separation\/","title":{"rendered":"Grandparents\u2019 Rights After Family Separation"},"content":{"rendered":"\n

by jacqui bilson, principal solicitor at bilson law<\/strong><\/p>\n\n\n\n

Steps you can take to maintain your relationship with your grandchildren following family separation.<\/p>\n\n\n\n

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\u2019s lives and that this relationship is essential to the children\u2019s wellbeing.<\/p>\n\n\n\n

This article will explore the rights of grandparents under the Family Law Act to maintain a relationship with their grandchildren and re\u2013establish contact if they have become isolated following separation.<\/p>\n\n\n\n

Best interests of the children
<\/strong>It is well established in family law that the children\u2019s best interest is the paramount consideration for all decisions made regarding parenting arrangements. When determining what is in the children\u2019s 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\u2019s grandparents or other relatives.<\/p>\n\n\n\n

By recognising that the children\u2019s 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.<\/p>\n\n\n\n

Family dynamics are incredibly complex, and the options available to grandparents to re\u2013establish 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\u2013establish communication and contact in circumstances where they have been stopped from seeing their grandchildren.<\/p>\n\n\n\n

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\u2019s views.<\/p>\n\n\n\n

Safety concerns or isolation
<\/strong>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\u2019s best interest, the Court must consider the arrangement that best promotes the safety of the child. Therefore, if you are concerned for your grandchildren\u2019s wellbeing and safety following the separation, you can apply for orders such as:<\/p>\n\n\n\n