Grandparents & Parenting Orders: Do You Have Rights Under The Family Law Act?
Can Grandparents apply for parenting orders? Your options under family law explained.
In Australia, family law recognises that children benefit from having meaningful relationships not only with their parents, but also with other significant people in their lives — including grandparents. However, navigating the family law system as a grandparent or carer can be complicated, particularly as family relationships break down. Outlined below are the key legal principles, recent changes, and practical pathways available to grandparents who wish to support, care for or remain actively involved in their grandchildren’s lives.
Can Grandparents Apply for Parenting Orders?
Yes, under section 65C of the Family Law Act 1975 (Cth), grandparents, as well as any other person concerned with the care, welfare, and development of a child, are eligible to apply for parenting orders in the Federal Circuit and Family Court of Australia (‘the Court’).
Under section 64B, parenting orders may relate to:
Where and with whom the child lives;
Who the child spends time or communicates with;
Who has responsibility to make decisions relating to major long-term decisions for the child.
Notably, you do not need to be a biological parent to apply for a parenting order. The ability to apply for a parenting order extends to carers or other family members who may have played a meaningful role in a child’s life.
Do Grandparents Have Legal Rights?
Grandparents do not have an automatic legal ‘right’ to see or care for their grandchildren, but children do have a recognised right to maintain relationships with important people in their lives, including their grandparents, where it is safe to do so and in their best interests.
In making parenting orders, the Court will also consider, in accordance with Section 60CC of the Family Law Act 1975 (Cth):
1. What arrangements promote the safety of the child;
2. The child’s views (where age-appropriate);
3. The child’s needs, including emotional, developmental, psychological and cultural needs;
4. The capacity of each proposed carer (whether parent, grandparent or otherwise) to meet the child’s needs;
5. The benefit of the child having a relationship with other people significant to them (including their grandparents);
6. Any history of family violence, abuse, or neglect; and
7. Anything else the Court considers relevant.
Other relevant factors the Court may consider when making a parenting order often include the effect of any changes to the child’s circumstances and the history and nature of the child’s relationships, including with parents, grandparents and other extended family members.
Recent Legal Updates Affecting Grandparents
Significant changes to the Family Law Act came into effect on 6 May 2024, following the Family Law Amendment Act 2023 and the Family Law Amendment (Information Sharing) Act 2023 . These reforms:
Removed the presumption of equal shared parental responsibility and instead introduced a greater focus on the child’s safety and well-being.
Reinforced the importance of meaningful relationships with the child’s extended family, including grandparents.
Simplified information sharing in relation to child protection and family violence information between agencies and courts to prioritise child safety.
However, the Court has exercised caution in facilitating time between grandparents and a child where there is hostility between a parent and grandparent, given the risk of emotional and psychological harm to the child. This is something to consider when making an application for parenting orders. Additionally, some applications made by the grandparents of children whose parents are in an intact relationship at the time of the application have been met with criticism by the Court.
What Can Parenting Orders for Grandparents Cover?
As a grandparent, you can apply for parenting orders in relation to:
Time the child spends with you;
Your communication with the child (which may include messages, phone calls or video calls, depending on age appropriateness);
Having the child live with you, in situations where parents are unable to provide care; and
Decision-making responsibility.
Applying for Parenting Orders
It is important to speak with a family lawyer early to help you understand your options and be guided on the resolution of any issues relating to the care of your grandchild.
Before applying for Court orders, family dispute resolution (mediation) must be attempted, unless there are circumstances that would obviate the need to attend mediation, such as family violence or urgency. If dispute resolution is unsuccessful, it is then possible to apply to the Court for parenting orders, however litigation is often lengthy and expensive, so an amicable resolution of matters is generally a better outcome for all parties, including the child.
What Should You Do Next?
As a grandparent, you play a valuable role in your grandchild’s life.
If you're unsure how to proceed or need guidance navigating the complexities of family law, our experienced team is here to offer clear advice and support at every stage. Contact us on (02) 9158 1588 or hello@dorterfamilylawyers.com to book in a consultation.
