GRANDPARENTS/EXTENDED FAMILY MEMBERS
Protecting Your Rights as Grandparents/ Extended Family Members to Provide Care
Grandparents and other extended family members such as uncles and aunts are a significant part of a child’s life. They can be a primary caregiver following the separation or divorce of parents. When parents get a divorce, it often creates problems for the grandparents, especially in relationship maintenance with their grandchildren. This situation can also impact the relationship with other extended family members and kinship groups.
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The Family Law Act of Australia gives a legal right to the grandparents to be involved in their grandchildren’s lives. They have the right by law to care for and spend time with their grandchildren. This also extends to other significant members of the family, such as uncles and aunts, depending on the situation.
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We have extensive experience efficiently dealing with simple to complex family law cases. Our experienced family lawyers can guide you regarding your rights as grandparents or extended family members.
What Are My Legal Rights as a Grandparent/Extended Family Member Regarding Child Custody/Support?
According to the Family Law Act 1975, a grandparent refers to the biological or non-biological parent of a child’s father or mother. It means that the family court can issue an order that the child lives, communicates, or spend time with his/her grandparent. Grandparents reserve the right to apply for a parenting order. Other extended members of the family who can provide care for the child after separation or dispute of parents are also eligible to apply for parenting orders at a family court.
What Should I Do If I Want to Spend Time or Support My Grandchildren?
If you wish to spend time or support your grandchildren due to divorce/separation or family disputes of their parents, you can first mediate with them with the assistance of an independent mediator. Upon coming to an agreement, there are ways to formalise the terms of the agreement. Talk to us, to find out more.
What Should I do if Negotiation Fails?
In case the negotiations between you and your grandchildren/grandchild’s parents fail, you can apply for a court order that allows you to spend time and communicate with your grandchild/ grandchildren. However, the court considers certain factors while doing so, including the wishes of the child/children, the amount of time they have spent with their grandparents, the bond between the children and their grandparents and whether it is in the child's best interest.
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If you need expert advice and guidance, you can contact us. Our highly qualified and experienced lawyers ensure to resolve the matters in your and your grandchild’s best interest.
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