Children's contact with Grandparents

Contact between Children and Grandparents

The 2006 reforms to the Family Law Act recognised the right of children to spend time and communicate on a regular basis not only with both their parents but other people significant to their care, welfare and development such as grandparents, except where it would be contrary to the child's best interests to do so.

The changes were introduced in acknowledgement of the important role that grandparents can play in the child's life and to address the scenario where grandparents were often cut out of their grandchildren's lives after the parents of the grandchild separated or divorced.Grandparents are given specific authority to apply for a parenting order under section 65C of the Family Law Act.

In deciding whether to make a particular parenting order in relation to a child, the court must regard the best interests of the child as the paramount consideration.

In determining what is in the child's best interests the court must, along with other factors, consider the following:

i) The likely effect of any changes in the child's circumstances, including the likely effect on the child of any separation from any grandparent with whom they have been living;

ii) The capacity of any other person, including any grandparent, to provide for the needs of the child including emotional and intellectual needs.

It is not always necessary for grandparents to go to court to secure contact and an ongoing relationship with their grandchildren.If they are unable to resolve their differences directly with the child's parents, grandparents should first consider mediation as an avenue for resolving the dispute without the cost and stress and inevitable damage to relationships that court proceedings usually entail.

This is especially important where there is a need for an ongoing relationship.

If a mediation is not successful however, grandparents may need to consider court action as a last resort.