Categories: The Family Lawyer Education Center285 words1.1 min read

A Grandparents Rights

About the Author: Kristdel Bolog

Kristdel practices solely in Family Law has been a Partner at The Family Lawyer since June 2019. Aside from her amazing ability to recite from memory the entire “Ode to Spot” by Commander Data, she has a wealth of knowledge and practical experience from a decade in the field of family law. Kristdel’s passion for the law and a love of helping people through difficult times enables her to put peoples minds at ease, even during complicated or bitter family court proceedings. As our resident “empath” she is The Family Lawyers’ Counsellor and is always there to listen to her colleagues or clients and bring a smile to their faces. Her nickname around the office is “the nerd”, a badge she wears proudly. Kristdel is hardworking, knowledgeable and dedicated to getting great outcomes for her clients. You can contact her at kbolog@thefamilylawyer.com.au or on 03 8657 3751.
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October 4, 2021

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What are the Grandparents Rights

In Australian family law, grandparents do not have any specific rights in relation to the care, upbringing or custody of their grandchildren. However, children have a right to see and spend time with extended family members, including grandparents. As people who are concerned for the care, welfare and development of their grandchildren, grandparents do have the right to apply for to the court for parenting orders.

Parenting orders can be made at any time, including before and after separation or divorce. These orders can cover a variety of issues like parental responsibility and who the child will live with, as well as how much time the child will spend with and how they will communicate with other people like grandparents. The best interests of the child are viewed as of paramount importance in family law proceedings.

Therefore, the child has the right to benefit from a relationship with their grandparents so long as it is in their best interests. When determining the outcome of a parenting order application involving grandparents, the court will look at several different factors to evaluate whether living with or spending time their grandparents is in the child’s best interests.

For example, the need to protect the child from suffering or being exposed to abuse, the kind of relationship the child already has with their parents and grandparents, the ability of the parents and grandparents to provide for the child’s emotional and intellectual needs, as well as the child’s own views depending on their age and maturity.

When the court is satisfied that living or spending time with their grandparents is in the child’s best interests, they will grant the parenting order.

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