The central issue is whether a grandparent has standing to apply for a parenting order under the Family Law Act 1975 (Cth) (“the Act”), and under what circumstances such an application may be made.
Section 65C of the Family Law Act 1975 (Cth) expressly provides that a parenting order in relation to a child may be applied for by:
- Either or both of the child’s parents;
- The child;
- A grandparent of the child; or
- Any other person concerned with the care, welfare, and development of the child.
Section 60CC of the Family Law Act 1975 (Cth) states that in determining whether to make a parenting order, the paramount consideration for the court is the best interests of the child. The court must consider a range of factors, including what arrangements would promote the safety of the child and the benefit to the child having a relationship with their parents and other people who are significant to the child, such as grandparents, where it is safe to do so.
Parenting orders made by the court can include orders on:
- With whom the child lives;
- The time the child spends with each parent and other persons (including grandparents);
- Parental responsibility;
- Communication with the child; and
- Any other aspect of the care, welfare, or development of the child.
It is important to remember that whilst grandparents do have a right to apply to the court for a parenting order, they do not have an automatic right to contact with or care of their grandchildren.
The success of any application by a grandparent for a parenting order of their grandchild will depend on the court’s assessment of the best interests of the child in the circumstances of the case.
If you are a grandparent and require assistance in obtaining a parenting order contact our Accredited Family Law Specialist Belinda Doyle today on 02 4627 3333.
This article was published on 01/09/25 and the information is valid as at the date of publishing. This article is general in nature and is not and should not be considered or relied on as legal advice. Meehans Solicitors is not responsible in the event this information is relied upon by the reader in the absence of specific legal advice.