Sometimes grandparents are stopped from having a relationship with their grandchildren. This can happen where the relationship with your own child has broken down (but the parent’s relationship remains intact), or where the parents have separated and one parent refuses to let you have anything to do with your grandchildren. It can also happen if you have been the primary carer for your grandchildren and the children’s parent returns to take the children back into their care.

Grandparents can use the Family Law Act to apply to court for orders that their grandchildren live with or spend time with them. You can do this whether the parents of the children are together or separated. Anyone who has an ongoing relationship with the child, or any other person who can show that they are concerned with the carer, welfare or development of a child (including grandparents) may apply to the Court for Parenting Orders. A Parentint Order can be an order that you can spend time with or communicate with the child.

If your child and/or their partner is refusing to let you see or speak to your grandchild you can take steps to try to change the situation:

Step 1 – Obtain Legal Advice

Step 2 – Dispute Resolution

Going to court should always be the last option as it can be stressful and expensive. Before you do anything you should talk to the parents and try to come to an agreement about how and when your grandchildren see or have contact with you.  The Family Law Act requires people to try Family Dispute Resplution first. If Mediation is successful, then Consent Orders need to be filed into the Family Court to make the agreement legally binding.

Step 3 – Going to Court

If you are not able to resolve dispute about contact with your grandchild through mediation you will have to apply to the Family Court for Consent Orders. You can only file for Consent Orders if you have a s60I Certificate from an accreditated Family Dispute Resolution Practitioner.

Of course the information outlined is a very simplistic overview – for further information, please don’t hesitate in contacting us directly.