'It's The Law' – Grandparents part of planning

Some grandparents take over care of their grandchildren, others want more contact with them. But what are their rights?

Here in the Wimmera, grandparents might already be caring for children, or might be concerned about their grandchild’s safety or wellbeing.

The care of children comes under the family law act. It is the same law that applies when parents separate. The main consideration under this act is the ‘best interests of the child’.

While grandparents do not have automatic rights, the importance of the relationship between child and grandparent is specifically noted in the act.

If you, as a grandparent, want your grandchildren to live with or spend time with you, you can use it to apply for court orders. 

So, let’s look at an example. If the parents of your grandchild separate, you might be concerned about your ability to maintain your contact and relationship with that child. 

If the parents are getting a parenting plan or consent order, you could ask to be included. 

If you still cannot reach an agreement, the parents might need to apply to the court of parenting orders. Or, if the parents are in agreement, but you are still worried about your access, you can also apply to the court for parenting orders about your grandchildren. 

A parenting order can set out where the child lives, who they spend time with, who has parental responsibility and what communication they have with other people. 

So this is also the order you might use if you are seeking to formalise your care of a grandchild.

This is an area of family law that can be difficult to navigate, but there are steps you can take to maintain your relationship with your grandchildren. 

Lawyers can provide advice on your specific circumstances. 

• Patrick Smith is the principal of O’Brien & Smith Lawyers. This article is intended to be used as a guide only. It is not, and is not intended to be, advice on any specific matter. Neither Patrick nor O’Brien & Smith Lawyers accept responsibility for any acts or omissions resulting from reliance upon the content of this article. Before acting on the basis of any material in this article, we recommend that you consult your lawyer.