Skip to main content

Child Custody – Rights of Grandparents

Can grandparents apply for Court Orders to spend time with their grandchildren?

Grandparents can make an application under the Family Law Act 1975 for orders to spend time with and communicate with their grandchildren.

Grandparents do not have an automatic right to spend time with their grandchildren, rather it is the children who, under the Family Law Act 1975 have the right to know and spend time with both parents and other significant people in their lives, including grandparents.

In limited circumstances where both parents of the children are unable to care for the children, grandparents may need to apply for extensive parenting orders to be able to make important decision for the children or for the children to live with them.

Key Points