The Family Law Act recognises the importance of a child’s relationship with their Grandparents, especially after the child’s parents have separated. As such, Grandparents in Queensland have certain rights regarding their grandchildren which include the right to visit and speak with them. However, these rights do not supersede the parents’ rights.
Can I apply for parenting orders as a Grandparent carer?
Despite not having an automatic right to a relationship with their grandchild, grandparents, along with anyone who plays a significant role in the child’s care, welfare and development, can apply to the court for a parenting order. A parenting order specifies the time and communication allowed with the child, and the court decides the order’s content based on the child’s best interests.
However, when facing denied access to a grandchild, seeking legal advice should be the first step. Court involvement should be a last resort. It is essential to attempt to reach agreement with the parents about visitation agreements beforehand. The Family Law Act 1975 emphasizes the importance of family dispute resolution before resorting to legal action.
Below are several valuable resources which are accessible to help define your role as a grandparent carer:
- Family Relationships Online has information about your role as a grandparent and links to supporting organisations.
- Women’s and Children’s health network discusses various aspects of grandparenting and the roles they play.
- The Australian Parenting website Raising Children has a dedicated grandparent section titled, Being a grandparent carer and a library of grandparent videos, where grandparents talk about becoming full-time carers of their grandchildren.
If you would like more information on the rights of grandparents in the Family Court, please contact us. Contact us today
Bennett Carroll Solicitors is a leading boutique law firm centrally with offices located in Brisbane, Gold Coast and Sunshine Coast servicing clients throughout Queensland and Australia.
We specialise in providing short, simple and usable legal advice to clients at all levels, and we speak in plain English, demystifying the law. We are your problem solvers.