The rights of Grandparents to see their Grandchildren in Family Law

Child & Parenting Matters, General

The rights of Grandparents to see their Grandchildren in Family Law

“Nobody can do for little children what grandparents do. Grandparents sort of sprinkle stardust over the lives of little children.” Alex Haley.

A separation or a divorce can have far-reaching effects on the whole family. Grandparents who once might have had a close and loving relationship with their grandchildren can all of a sudden find that their child’s ex-partner doesn’t want them to have anything to do their grandchildren.

This can be heartbreaking both for the children and the grandchildren. If this happens to you then we recommend that you get advice from a family lawyer quickly.

As Margaret Mead said, “Everyone needs to have access both to grandparents and grandchildren in order to be a full human being”.

The Family law in Australia provides that children have a right to spend time on a regular basis with and communicate on a regular basis with their parents and other people significant to their care, welfare and development (such as grandparents and other relatives).

If you aren’t seeing your grandchildren, then you might be able to initiate a mediation with the parents to see if you can come to an agreement. If you can’t reach an agreement, then you could choose to commence court proceedings seeking orders in relation to your grandchildren. Our Cairns family lawyers can assist you with going to court or mediation.

Depending on the circumstances of your case, you might seek orders that you spend time with your grandchildren, or be allowed to communicate with them by telephone, facetime, or attend school events. If you believe that the parents are unable to properly care for the children and the children are at risk in their parent’s care, you could even seek orders for parental responsibility and that your grandchildren live with you.

Each family is different. The law is not a one size fits all. It is always about the best interest of the children and it is very important that you get legal advice about your particular circumstances.

Contact us to speak to one of our Cairns Family Lawyers today.

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