During a separation, it’s easy to focus solely on the parents and forget about others who are also affected. Grandparents, who often have a special role in a child's life, can also feel the impact deeply. It’s important for them to seek the support they need during this difficult time. Maintaining their connection with their grandchildren is important, as it can provide comfort and stability for the child while helping everyone involved navigate the changes more smoothly.

What legal right do I have as a grandparent?

Under the Family Law Act, children have the right to maintain relationships with their grandparents and other significant figures in their lives. This means that as a grandparent, you have the legal standing to apply for parenting orders concerning your grandchild. Such applications are taken seriously by the court, acknowledging the importance of your role in the child’s life. The court can issue an order allowing the child to live with, spend time with, and communicate regularly with you as their grandparent. This legal protection ensures that your bond with your grandchild remains intact, even during challenging times like separation.

What is a parenting order?

A parenting order is a legally binding decision made by the court that outlines the parenting arrangements for the child involved. Although the term suggests it’s only for parents, it also applies to grandparents and other significant individuals as well. The order can dictate where the child lives, who makes important decisions about their upbringing, and how much time the child spends with both their parents and grandparents. When deciding on a parenting order, the court’s primary concern is the child’s best interests. This involves carefully considering the relationship between the child and their grandparents, the child’s emotional and developmental needs, and ensuring the child is protected from any potential physical or psychological harm.

How does meditation help?

Mediation is a process where an impartial third party, often a family lawyer, assists family members in reaching an agreement without the need to go to court. If everyone involved can come to a consensus, a parenting order can be made by consent, allowing you to avoid the court process altogether. This approach is generally quicker, less stressful, and more cost-effective, making it the preferred method for resolving such disputes. While mediation is usually a mandatory step, exceptions can be made in special circumstances. However, if mediation doesn’t result in an agreement, you still have the option to apply to the courts for an order. Be aware that this legal route can be lengthy and may cause frustration for everyone involved.

As a grandparent in Australia, you do have specific legal rights when it comes to maintaining your relationship with your grandchild. It’s important to consult with a family lawyer to fully understand your rights and the best course of action for your situation. The legal process can be emotionally taxing and overwhelming, so it’s crucial to consider whether pursuing this route is in the best interest of the children involved before taking any steps forward.

Guiding you to a better future

Eliza Legal is a leading family law firm based on the Mornington Peninsula, dedicated to providing tailored legal services with compassion and integrity. Contact us today and let’s see if we’re a good fit! We’d love to help you.