When families separate, relationships between children and their extended family can sometimes become difficult. Questions about grandparents rights often arise when a grandparent has been closely involved in a child’s life but suddenly has limited or no contact. In Australia, however, the law does not simply give grandparents an automatic entitlement to see their grandchildren. Instead, family law focuses primarily on the rights, safety, welfare and best interests of the child.
Grandparents can still play an important legal role. The Family Law Act 1975 expressly allows a grandparent to apply for a parenting order concerning a child. Depending on the circumstances, such an order might deal with time spent together, communication, living arrangements or other aspects of the child’s care.
This guide explains how grandparents rights work in Australia, what courts consider, when Family Dispute Resolution may be required and what practical steps grandparents can consider before court proceedings.
The information below is general information only. It is not a substitute for legal advice about your individual circumstances.
Table of Contents
- What are grandparents rights in Australia?
- Do grandparents have an automatic right to see grandchildren?
- What Australian family law actually protects
- When grandparents may apply for parenting orders
- What parenting orders can cover
- How the child’s best interests affect grandparents rights
- Family Dispute Resolution and mediation
- Parenting plans, consent orders and court orders
- A practical checklist before taking action
- Evidence that may be relevant
- Grandparents who are primary or kinship carers
- Family violence, safety and urgent situations
- Children’s views and grandparents rights
- Aboriginal and Torres Strait Islander children
- Grandparents rights in Western Australia
- Common misconceptions
- People Also Ask
- Q&A
- Conclusion
What Are Grandparents Rights?
In Australia, grandparents rights do not mean an automatic right to see or care for a grandchild. However, grandparents can apply for parenting orders. The court decides arrangements according to the child’s best interests, including safety, the child’s needs and the benefit of safe relationships with significant people.
What Are Grandparents Rights in Australia?
The phrase grandparents rights is widely searched online, but it can create the wrong impression about Australian family law.
Australian family law generally does not begin by asking, “What contact is the grandparent entitled to?”
Instead, it asks questions such as:
- What arrangement is in the child’s best interests?
- Is the proposed relationship safe?
- What are the child’s developmental, emotional and cultural needs?
- What relationship has the grandparent already had with the child?
- What practical arrangement would support the child’s welfare?
- Does the child have views that should be considered?
This distinction matters.
The Attorney-General’s Department explains that Australia’s family-law framework focuses on children’s needs and parents’ responsibilities rather than treating parenting arrangements as adult rights. The child’s best interests are the paramount consideration when a court makes a parenting order.
At the same time, grandparents are specifically recognised in the legislation.
Section 65C of the Family Law Act 1975 states that a parenting order may be applied for by a parent, the child, a grandparent, or another person concerned with the child’s care, welfare or development.
For the current federal legislation, see the Federal Register of Legislation — Family Law Act 1975.
Do Grandparents Have an Automatic Right to See Their Grandchildren?
No. There is no automatic legal entitlement that guarantees a grandparent a particular amount of time with a grandchild.
That remains true even where the grandparent:
- previously saw the child every week;
- regularly provided childcare;
- had a strong emotional relationship with the child;
- helped financially;
- spent birthdays or holidays with the child; or
- disagrees with a parent’s decision to stop contact.
However, that does not mean the grandparent has no legal options.
The Federal Circuit and Family Court of Australia confirms that grandparents can apply for parenting orders even though they are not a child’s parent.
Therefore, the more accurate way to understand grandparents rights is this:
Grandparents do not have guaranteed contact rights, but Australian family law gives them standing to seek parenting arrangements where those arrangements may be in the child’s best interests.
That difference is central to almost every grandparents rights dispute.
Grandparents Rights and What Australian Family Law Protects
Australia’s family-law framework places the child’s interests at the centre of decision-making.
Under section 60CA of the Family Law Act 1975, the best interests of the child must be the paramount consideration when a court determines whether to make a parenting order.
The current best-interests factors include:
- arrangements that promote the safety of the child and carers;
- any views expressed by the child;
- the child’s developmental, psychological, emotional and cultural needs;
- the capacity of proposed carers to meet those needs;
- the benefit of the child having relationships with their parents and other significant people, where safe; and
- anything else relevant to the child’s individual circumstances.
This means the relationship between a grandparent and grandchild can be relevant.
However, the relationship is assessed from the child’s perspective.
For example, instead of arguing:
“My daughter has no right to stop me from seeing my grandson.”
a grandparents rights matter is more appropriately framed around questions such as:
“The child has had a close and secure relationship with the grandparent for six years. Would continuing that relationship safely support the child’s emotional needs and stability?”
That shift from adult entitlement to child-centred reasoning is crucial.
Grandparents Rights After the 2024 Family Law Changes
Important amendments to Australia’s parenting laws commenced on 6 May 2024.
Among other changes, the legislation introduced a simpler set of best-interests considerations and removed the former presumption of equal shared parental responsibility. The Attorney-General’s Department confirms that the law does not presume one particular parenting arrangement will be best for every child.
For grandparents, this reinforces an important principle.
There is no predetermined formula such as:
- grandparents should receive one weekend every month;
- grandparents should receive a percentage of school holidays; or
- a grandparent who previously provided childcare automatically receives contact.
Instead, circumstances are considered individually.
As at September 2026, the Federal Register of Legislation identifies the latest compiled version of the Family Law Act 1975 as Compilation No. 101, effective from 10 June 2025.
For an accessible explanation of the current framework, see the Attorney-General’s Department guidance on children and family law.
When Can Grandparents Apply for Parenting Orders?
Section 65C specifically identifies a grandparent as a person who may apply for a parenting order.
A grandparent might consider an application where, for example:
- meaningful contact has stopped after the parents separated;
- a parent has died and contact with the surviving side of the family has ceased;
- there is serious family conflict;
- the grandparents have previously been substantial carers;
- the child has been living with the grandparents;
- the child’s parents cannot currently provide appropriate care;
- existing informal arrangements have broken down; or
- important safety or welfare concerns exist.
However, being permitted to apply does not mean the requested orders will automatically be made.
The grandparent still needs to explain why the proposed arrangement is appropriate for the particular child.
What Can a Parenting Order Cover?
A parenting order is broader than what people sometimes describe as “grandparent visitation”.
Australian courts generally use terminology such as a child spending time with or communicating with another person.
Depending on the circumstances, parenting orders can address matters including:
- who a child lives with;
- time the child spends with another person;
- communication by phone or electronic means;
- arrangements for birthdays or holidays;
- aspects of the child’s care and welfare;
- responsibility for particular major long-term decisions; and
- practical conditions surrounding contact.
For instance, one grandparents rights dispute may simply concern a child spending several hours with a grandparent.
Another may concern grandparents who have effectively raised the child and want orders formalising where the child lives and who can make important decisions.
These cases are very different. Therefore, the orders sought should correspond to the child’s actual circumstances rather than a standard template.
The Federal Circuit and Family Court provides dedicated information for grandparents and other carers. See Federal Circuit and Family Court — Grandparents and others.
How the Child’s Best Interests Affect Grandparents Rights
The best-interests test is not merely a slogan. It determines how parenting disputes are approached.
1. Safety comes first
The court considers arrangements that would promote the safety of:
- the child; and
- each person caring for the child.
This includes consideration of family violence, abuse, neglect and other harm.
Therefore, a grandparents rights application cannot be assessed only by examining affection between grandparent and grandchild.
The broader environment matters.
2. The child’s views can matter
A child’s views are one of the statutory considerations.
However, that does not mean children simply choose whether they will see a grandparent.
The relevance of a child’s views depends on the circumstances. A court may receive information about those views through appropriate processes rather than placing the child directly into the adult dispute.
3. Emotional and developmental needs matter
A child may have strong emotional ties with grandparents who have been a consistent presence throughout their life.
For example, grandparents might have:
- cared for the child after school;
- attended medical appointments;
- supported sporting activities;
- maintained cultural traditions;
- helped during parental separation;
- provided a stable home during difficult periods.
Such history can provide important context.
However, evidence should remain focused on the child’s needs rather than on accusations between adults.
4. Significant relationships are relevant
Section 60CC directs attention to the benefit of children having relationships with their parents and other significant people, where it is safe.
Grandparents may fall within this category.
Nevertheless, whether a particular relationship is significant and what arrangement benefits the child depends on the facts.
Options for Resolving Grandparents Rights Disputes
Court proceedings are not always the first or only option.
Where it is safe and appropriate, families may consider less adversarial ways to resolve the issue.
| Option | What it involves | Legal effect | When it may be useful |
| Informal agreement | Family members agree directly about contact | Generally not enforceable as a court order | Cooperative families with low conflict |
| Parenting plan | Written arrangements dealing with the child’s care and time with significant people | Not itself legally enforceable | Families wanting a structured written arrangement |
| Family Dispute Resolution | An accredited practitioner helps parties try to resolve parenting disagreements | May produce an agreement; also relevant before court proceedings | Families unable to agree directly |
| Consent orders | Agreed arrangements are submitted for court approval | Legally enforceable once made | When everyone agrees but wants formal orders |
| Contested parenting orders | A court determines arrangements | Legally enforceable | When agreement cannot be reached or court intervention is necessary |
The right approach depends heavily on safety, family dynamics, existing orders and the child’s needs.
Family Dispute Resolution and Grandparents Rights
Family Dispute Resolution, often shortened to FDR, is a form of mediation used in family-law disputes.
An accredited Family Dispute Resolution Practitioner helps people identify issues, consider possible arrangements and try to reach agreement.
Generally, before filing a new application for parenting orders, a person must make a genuine effort to resolve the dispute and satisfy the Family Dispute Resolution requirements.
The Court explains that applicants normally need a section 60I certificate issued by an accredited FDR practitioner unless an exemption applies.
Possible exemptions can include circumstances involving:
- urgency;
- family violence;
- child abuse;
- risk of family violence;
- risk of child abuse if proceedings are delayed;
- inability to participate effectively in FDR in certain circumstances; or
- some serious contraventions of recent parenting orders.
Therefore, grandparents should not automatically assume mediation is either compulsory in every situation or unnecessary because they are not parents.
The specific circumstances need to be assessed.
Parenting Plans Versus Consent Orders
These two terms are sometimes confused.
Parenting plans
A parenting plan is generally a written, signed and dated agreement about parenting arrangements.
It may include arrangements concerning the time a child spends with grandparents or other important people.
However, a parenting plan is not itself enforceable in the same way as a parenting order. The court can nevertheless consider an applicable parenting plan when later determining parenting arrangements.
Consent orders
If everyone has reached agreement and wants legally enforceable arrangements, they may be able to ask the court to make consent orders.
The court still considers whether the proposed parenting arrangements are appropriate from the child’s perspective.
Therefore, agreement between adults does not remove the child’s best interests from the process.
Grandparents Rights Checklist: What to Consider Before Taking Action
If a grandparent has lost contact with a child, reacting immediately out of frustration can intensify family conflict. A structured approach is usually more useful.
Consider this practical checklist:
- Clarify the current situation.
Identify when contact changed, what arrangements existed before and why the disagreement arose. - Keep the focus on the child.
Consider what relationship the child actually had with you and how future contact may affect their wellbeing. - Check existing parenting orders.
Existing orders may already regulate who the child lives with, spends time with or communicates with. - Consider safety issues.
Family violence, abuse, neglect or other safety concerns can materially change the appropriate process. - Try respectful communication where appropriate.
A calm proposal may sometimes resolve practical disagreements without litigation. - Explore Family Dispute Resolution.
Where safe and appropriate, FDR may help families negotiate structured arrangements. - Organise relevant information.
Keep accurate records of previous caregiving arrangements, significant communications and relevant documents. - Obtain individual legal advice before filing.
Parenting proceedings can have long-term consequences, particularly where existing court orders or safety concerns are involved.
Steps such as collecting forms, obtaining a section 60I certificate and using an online filing portal are administrative tasks. Deciding what orders to seek, what evidence should be relied upon and how the law applies to individual facts requires case-specific legal analysis.
Evidence in a Grandparents Rights Matter
A practical grandparents rights case usually becomes clearer when evidence is linked to the child’s actual life rather than general statements about family conflict.
Potentially relevant information may include:
The history of the relationship
Questions may include:
- How frequently did the child see the grandparents?
- How long had that arrangement existed?
- Did the child stay overnight?
- Did the grandparents regularly provide childcare?
- Were they involved in school or extracurricular activities?
- Did the child turn to them for emotional support?
The grandparent’s caring role
There is a substantial difference between a relative who occasionally visited and a grandparent who cared for a child several days each week.
Neither situation automatically determines the result.
However, the history helps explain the nature of the relationship.
Practical arrangements
Courts need workable arrangements.
For example:
- Where do the grandparents live?
- How would transport operate?
- Would proposed arrangements interfere with school?
- How frequently is contact proposed?
- How would holidays work?
- Can the adults communicate sufficiently to implement the arrangement?
A proposal that is clear, child-focused and practical may be easier to assess than a broad demand for “access”.
Safety information
Any history of:
- family violence;
- abuse;
- neglect;
- substance misuse affecting care;
- serious threats; or
- relevant family violence orders
may require careful consideration.
Safety concerns should not be minimised simply to preserve a grandparent-grandchild relationship.
When Grandparents Are the Primary Carers
Some grandparents are not seeking occasional time with grandchildren.
They may already be raising them.
The Federal Circuit and Family Court describes situations in which grandparents or other relatives become kinship carers, including cases where children cannot currently live with their parents.
A grandparent may have taken responsibility because of circumstances such as:
- the death of a parent;
- serious parental illness;
- incarceration;
- family violence;
- substance dependency;
- child protection concerns;
- abandonment; or
- another major family crisis.
In those circumstances, the legal questions may extend beyond contact.
For example, a grandparent may need to consider whether formal arrangements are required so they can deal effectively with schools, healthcare providers or other organisations.
The Court also maintains a Critical Incident List for certain situations where no parent is available to care for children following circumstances involving death, critical injury or incarceration connected with family violence.
Urgent matters require case-specific advice because ordinary pre-filing processes may not always be appropriate.
Family Violence, Safety and Urgent Grandparents Rights Matters
Discussions about grandparents rights should never treat mediation or continued family contact as more important than safety.
Where family violence or abuse is alleged, the legal framework requires careful attention to risk.
Section 60CC expressly includes safety among the matters considered when determining the child’s best interests. It also requires consideration of relevant histories of family violence, abuse or neglect and applicable family violence orders.
Therefore, where genuine risk exists, ordinary informal negotiation may not be appropriate.
For example, a grandparent might be seeking protection for a child rather than simply asking for additional weekend contact.
Conversely, allegations might be made against a grandparent.
Either situation requires careful evidence and individual legal advice.
If a person or child is in immediate danger, emergency assistance should be sought through the appropriate authorities rather than relying on ordinary family-law negotiation.
Children’s Views in Grandparents Rights Cases
Children’s views may form part of the best-interests assessment.
However, Australian family law does not place children in the position of personally deciding the case.
Section 60CD provides mechanisms through which a court can inform itself about a child’s views, while section 60CE makes clear that a child cannot be required to express views.
This distinction is particularly important in emotionally difficult grandparent disputes.
Adults should avoid pressuring children to:
- choose between relatives;
- repeat negative allegations;
- write statements supporting one side;
- carry messages between adults; or
- feel responsible for resolving the dispute.
Instead, the child’s wellbeing should remain central.
Grandparents Rights for Aboriginal and Torres Strait Islander Children
Cultural relationships can be especially important when considering arrangements for Aboriginal and Torres Strait Islander children.
Under the current best-interests framework, additional consideration must be given to an Aboriginal or Torres Strait Islander child’s right to enjoy their culture.
That includes opportunities to:
- connect with family;
- maintain community relationships;
- engage with culture;
- connect to Country;
- maintain language; and
- develop a positive appreciation of their culture.
Therefore, grandparents and extended family may have particularly important roles in maintaining cultural identity and kinship connections.
However, as with every parenting matter, the assessment remains individual and safety remains important.
Grandparents Rights in Western Australia
Western Australia has a different family-court structure from the rest of Australia.
Most federal family-law parenting matters elsewhere in Australia are dealt with through the Federal Circuit and Family Court of Australia.
Western Australia instead has the Family Court of Western Australia, and the applicable legislation can depend on the parents’ circumstances.
The Attorney-General’s Department notes that the Commonwealth Family Law Act 1975 applies in Western Australia to children of married or previously married parents, while Western Australian legislation is relevant to other parenting matters.
However, the broad principle remains similar: grandparents and other significant relatives may be able to seek parenting arrangements, and the child’s best interests remain central.
Because the jurisdictional rules differ, Western Australian grandparents should obtain advice relevant specifically to WA rather than relying entirely on information about federal court procedures.
Common Misconceptions About Grandparents Rights
“Grandparents automatically have visitation rights.”
Not in Australia.
Grandparents may apply for parenting orders, but there is no guaranteed minimum amount of contact.
“If I looked after the child every week, the parents cannot stop contact.”
Previous caregiving may be highly relevant, particularly when demonstrating the importance of the relationship.
However, it does not itself create an automatic entitlement.
“Only parents can apply for parenting orders.”
Incorrect.
Section 65C expressly includes grandparents and other people concerned with the child’s care, welfare or development.
“The court will decide which adult has the strongest claim.”
That is not the fundamental test.
The question is what orders would be in the child’s best interests.
“A grandparent must ask for custody.”
Australian family-law terminology generally focuses on parenting orders rather than the older concept of “custody”.
Depending on the situation, an order might concern living arrangements, time, communication or responsibility for decisions.
“Every grandparents rights dispute must go to court.”
No.
Some families resolve disputes through direct discussion, Family Dispute Resolution, parenting plans or consent orders.
Court proceedings may become necessary where agreement cannot be reached or urgent or complex issues require judicial determination.
People Also Ask About Grandparents Rights in Australia
Do grandparents have legal rights to see their grandchildren in Australia?
Grandparents do not have an automatic legal entitlement to see grandchildren. However, they are expressly permitted to apply for parenting orders, and a court can make arrangements where they are in the child’s best interests.
Can grandparents take parents to court for access?
A grandparent can apply for parenting orders concerning a child. However, the case is not decided simply because the grandparent wants access; the court considers the child’s best interests, including safety, needs and significant relationships.
Do grandparents have to attend mediation before going to court?
Generally, applicants seeking parenting orders must attempt Family Dispute Resolution and obtain a section 60I certificate before filing. However, exemptions may apply in circumstances such as urgency, family violence, child abuse or certain situations where effective participation is not possible.
Can a parent stop a grandparent seeing their grandchild?
A parent may make day-to-day decisions that affect contact where no court order requires otherwise. If the dispute cannot be resolved, a grandparent may be able to seek parenting orders, but the outcome will depend on what arrangement is considered best for the child.
What does “best interests of the child” mean for grandparents?
The test considers matters such as safety, the child’s views and needs, caregivers’ capacity and the benefit of safe relationships with parents and other significant people. A close relationship with a grandparent can therefore be relevant, but it is considered as part of the child’s overall circumstances.
Q&A: Detailed Questions About Grandparents Rights
1. Can a grandparent apply for a child to live with them?
Potentially, yes. Parenting orders can address who a child lives with, and grandparents are among the people permitted to apply for parenting orders.
However, an application for a child to live with grandparents is significantly different from seeking occasional contact. The court will closely consider the child’s needs, safety, existing care arrangements and the capacity of proposed carers.
2. What happens if parenting orders already exist?
Existing parenting orders should be reviewed carefully before anyone attempts to change arrangements.
A person seeking to alter final parenting orders may need to address additional legal requirements concerning reconsideration of those orders. Therefore, grandparents should not assume that starting a new application simply resets existing arrangements.
3. Can grandparents obtain decision-making responsibility for a grandchild?
Parenting orders can deal with responsibility for major long-term issues in appropriate circumstances.
This may become particularly relevant where grandparents are already acting as primary carers. However, whether such an order is appropriate depends on the child’s specific circumstances and should be assessed with individual legal advice.
4. Can grandparents maintain contact by telephone or video calls instead of in-person visits?
Parenting arrangements can address communication as well as face-to-face time.
For some families, regular telephone or video communication may be practical, particularly where grandparents live far away. The appropriate arrangement still depends on the child’s age, routine, relationship with the grandparent and overall best interests.
5. Does financial support give grandparents stronger legal rights?
Providing money, gifts, school expenses or other financial assistance does not purchase or guarantee contact with a grandchild.
Financial contributions may form part of the wider history of family involvement, but parenting arrangements are determined according to the child’s interests rather than the amount an adult has spent.
Practical Guidance for Families Considering Their Next Step
Grandparent disputes can become emotionally intense because several relationships may be breaking down at once.
For example, a grandparent may be dealing with:
- conflict with their adult child;
- conflict with a former son-in-law or daughter-in-law;
- worry about a grandchild;
- grief after separation or death;
- frustration about suddenly losing contact; and
- anxiety about legal proceedings.
However, hostile communication can make resolution more difficult.
Where it is safe to communicate, a practical approach may involve identifying a specific child-focused arrangement.
Instead of demanding unrestricted access, a proposal might address matters such as:
- frequency of time together;
- pick-up and drop-off arrangements;
- school commitments;
- birthdays;
- school holidays;
- telephone contact;
- gradual reintroduction after a long absence; and
- review arrangements as the child becomes older.
Clear proposals allow the parties to discuss what may actually work.
At the same time, informal negotiation should not replace urgent professional assistance when there are genuine safety concerns.
Why Legal Advice Can Matter in Grandparents Rights Disputes
Family relationships rarely fit neatly into a standard online example.
Two grandparents may both search Google for grandparents rights, yet their legal situations may be completely different.
One may want monthly contact after a parental separation.
Another may have been the child’s full-time carer for four years.
A third may be concerned that a grandchild is unsafe.
Another may already be named in parenting orders.
Someone else may be responding to allegations made against them.
Therefore, general information can explain the legal framework, but it cannot determine the appropriate orders for an individual family.
Professional advice can help clarify matters such as:
- whether an application is available;
- whether FDR is required;
- whether an exemption may apply;
- what existing orders mean;
- what proposed orders should say;
- what evidence is relevant;
- whether urgent procedures should be considered; and
- which court or jurisdiction applies.
Conclusion: Understanding Grandparents Rights in Australia
Grandparents rights in Australia are best understood through the child’s rights and best interests rather than through an automatic adult entitlement to contact.
Australian law specifically allows grandparents to apply for parenting orders. Therefore, grandparents can have an important legal role, particularly where they have an established relationship with the child or have become significant carers.
However, every case is different.
The court’s central question remains what arrangement is best for the particular child. Safety, emotional and developmental needs, the child’s views, existing relationships, cultural considerations and practical caregiving circumstances may all be relevant.
Where appropriate, Family Dispute Resolution may help families reach agreement without contested court proceedings. Parenting plans or consent orders may also provide structured options. On the other hand, urgent cases, family violence, child abuse concerns or complex existing orders require more careful consideration.
If you are a grandparent, parent or carer dealing with a family-law dispute and need advice tailored to your circumstances, you can explore Australian family law guidance from Galea Faustin Solicitors before deciding on your next step.
The goal should not simply be to establish what an adult believes they deserve. The stronger starting point is understanding what arrangement protects and supports the child.