Grandparents Legal Rights

Grandparents Legal Rights

Grandparents help children develop during their early years. Grandparents help children through traumatic times like parent separation or divorce and therefore are crucial to a child's wellness and protection during family issues.

Grandparents' options are often disregarded in divorce and separation cases. This article describes Australian grandparents' legal rights. Grandparents must know their legal rights to stay in touch with their grandkids.

The Family Law Act 1975

According to the Family Law Act 1975, there are no explicit rights stated for grandparents. In this regard, the Family Law Act 1975 does not specifically refer to any rights for parents to maintain a relationship with the child either because under this legislation, the child’s best interests are given the utmost priority in determining whom the child may spend time with.

Under Section 60B of the Act, it is stated that “children have a right to spend time on a regular basis with, and communicate on a regular basis with, both their parents and other people significant to their care, welfare and development.”

In this part, grandparents are explicitly mentioned, among other relatives, as examples of people concerned for the care and development of the child.

How can grandparents be included in visitation matters?

Grandparents have three legal choices;

1. Parenting Plans:

Parenting planning might involve grandparent-grandchild ties. Informally formulated plans usually involve a written agreement to ensure that the child gets to have a meaningful connection with relevant parties.This is ideal in cases where there are no conflicts or disagreements between the separating or divorcing individuals.?

In some families' grandparents have little or no influence on the kids. Moreover, some families have continuing tensions between parents and grandparents. These conditions warrant a formal, specific arrangement for grandparents, such as consent orders?

1. Consent orders:

When parties make an agreement, they can formalise that agreement and make it legally binding by applying for consent orders in the Court

1. Parenting order:

Obtaining a parenting order can also help grandparents who wish to spend time with their grandchildren. Grandparents can petition the court for parenting responsibility. The Court may rule in favour of grandparents based on specific conditions. No matter what the circumstance, the Court prioritises the child's best interests.

Generally, parenting orders consider: –

• All aspects concerned with the child’s care, welfare, and development,
• where the child lives,
• who the child spends time with
• who has parental responsibility for the child, and
• what communication the child will have with others.

Grandparents Visitation Rights

In case grandparents are not able to reach agreements with the parents of the child they may be able to? apply for visitation rights at the Court. To consider the application, the Court looks at factors like:

• The views of the child on whether they wish to spend time with the grandparents, and whether they see their grandparents as a significant part in their lives.
• The benefits of the child having a relationship with their grandparents.
• The risk of violence or neglect.
• The nature of the relationship between the children and their grandparents.
• The capacity of the grandparents to take care of the children, especially considering their intellectual and emotional needs.
• The practical difficulties and expenses
• The effect of change on the child

Although Australian law does not specifically provide for grandparents, they can use the above-mentioned legal methods to preserve contact with their grandkids if that is in the best interests of the child

Disputes

Incase of disputes between parents and grandparents, court orders should be the last resort. The Court will check for family dispute resolution (FDR) or mediation attempts in significant conflicts.

As a grandparent, before applying for court orders, obtain legal advice and address all disputes through Family Dispute Resolution.

How Legal Guidance can help Grandparents

For grandparents, watching their child going through a divorce or separation can be? very stressful. To add to these troubles, grandparents generally have the fear of becoming estranged from their grandchildren.

At JB Solicitors, our family law experts will make these legal processes as pain-free as possible. In cases of disputes, our top-notch mediation services will help you resolve all issues.

Know more about how our lawyers can help you with issues? related to divorce and separation in Australia.