You haven’t seen your grandchild in months. Calls go unanswered. You don’t know if you’ve done something wrong or whether this is just how things are now.
If that’s where you are tonight, here’s the most important thing to understand: the law does not give grandparents an automatic right to see their grandchildren. But it does give you a path. And depending on your relationship with the child, that path is worth knowing about.
This article explains what the law actually provides, when you can ask a court for help, and what usually makes the difference between a successful application and an unsuccessful one.
Key Takeaways
- No automatic right exists: Grandparents have no automatic legal entitlement to spend time with their grandchildren.
- You can apply for parenting orders: The Family Law Act 1975 gives grandparents the standing to apply to the Federal Circuit and Family Court of Australia for parenting orders covering time, communication or living arrangements.
- The child’s best interests decide everything: The court is not looking at whether you have been treated fairly. It is asking what arrangement serves the child.
- Mediation usually comes first: Before applying to court, you are generally expected to attempt family dispute resolution, which is a form of mediation.
- Relationship quality matters most: A history of consistent, caring involvement with the grandchild is the strongest foundation for any application.
- Legal advice early changes outcomes: Grandparents who understand their position before taking action are far better placed than those who act without guidance.
Do grandparents have rights to see their grandchildren?
The honest answer is: not automatically, no.
There is no law that entitles grandparents to have contact with their grandchildren. Family law in Australia is federal law, so the same rules apply in every state and territory.
What the law does recognise is that grandparents matter to children. The Family Law Act 1975 acknowledges, in section 60B, that children have a right to have a meaningful relationship with people significant to their care, welfare and development. That includes grandparents.
But recognition is not the same as an automatic right. The law gives you the right to apply. It does not guarantee the outcome you want.
Ask yourself this: have you been a consistent, meaningful presence in your grandchild’s life? The answer to that question will shape almost everything that follows.
Key Point: Grandparents are not rights-holders in the way parents are. You are eligible applicants who must demonstrate that the child’s best interests are served by the relationship continuing.
What does the law say about grandparents and grandchildren?
Family law in Australia sits with the federal government, so when we talk about grandparents and grandchildren in family law, we are really talking about the Family Law Act 1975 and how the Federal Circuit and Family Court of Australia applies it.
Two sections matter most for grandparents.
Section 65C names the people who can apply for parenting orders. Parents are on that list, and so are grandparents, and so is any other person concerned with the child’s care, welfare or development. You don’t need special permission to apply. You are already eligible.
Section 60B sets out the objects of the parenting provisions. It says children have a right to a meaningful relationship with their parents, and it recognises the importance of protecting children from harm. It also acknowledges the benefit of children having relationships with people significant to them, which explicitly includes grandparents.
These two provisions together are your legal foundation. They do not guarantee you time with your grandchild, but they confirm that the court is permitted to make orders in your favour if the evidence supports it.
Expert Tip: When you speak to a lawyer, ask them to explain how sections 60B and 65C apply to your specific relationship with the child. The strength of your case will depend on the facts of that relationship, not on the legislation alone.
Can grandparents apply to court for time with grandchildren?
Yes. Grandparents can apply to the Federal Circuit and Family Court of Australia for parenting orders.
Section 65C of the Family Law Act is the provision that gives grandparents the standing to make that application without needing to prove they are a parent or guardian first.
That said, applying to court is not usually the first step. Before you can file a parenting application, you are generally required to attempt family dispute resolution, which most people call mediation. There are limited exceptions, including situations involving family violence, urgency or where one party has already been to a dispute resolution service and obtained a section 60I certificate.
Can you apply even if the parents object? Yes. The court decides, not the parents. But the court will want to understand why the parents are objecting, and if those objections relate to the child’s welfare rather than personal conflict, they carry weight.
Key Point: Filing a court application is not a declaration of war. Courts dealing with parenting matters work hard to find arrangements that serve the child. Grandparents who approach the process with that focus, rather than a focus on their own grievance, tend to fare better.
What kinds of parenting orders can a grandparent ask for?
The court can make a wide range of parenting orders. Grandparents are not limited to asking for short daytime visits.
Depending on the circumstances, you could seek:
- Specific time arrangements, such as every second weekend, school holidays or special occasions like birthdays.
- Communication orders, covering phone or video calls between you and the grandchild.
- Overnight time, where the relationship supports it.
- Orders that the child spend substantial time with you, or even live with you, if the child’s welfare requires it.
Living arrangements in favour of a grandparent are less common, but they do occur. They tend to arise where a parent is unable to care for the child safely or at all, and the grandparent has been the primary carer during that period.
What you ask for should be proportionate to the history. Asking for overnight stays when you have only ever seen the child occasionally is unlikely to succeed. Asking for regular time that reflects an established pattern is a far stronger starting position.
Expert Tip: Think about what the child’s life actually looked like before contact was cut off. That picture is your template. Courts are more likely to restore a pattern that already existed than to create one from scratch.
What does the court consider in a grandparent contact case?
The court applies a best interests test to every parenting decision. This is not a test of whether you have been treated fairly. It is a test of what arrangement serves the child.
The primary considerations under the Family Law Act are the benefit to the child of having a meaningful relationship with both parents, and the need to protect the child from harm, including physical or psychological harm.
Beyond those, the court looks at a range of factors. These include:
- The nature of the existing relationship between you and the grandchild.
- The child’s views, depending on age and maturity.
- The likely effect on the child of a change in circumstances, including separating from people who are significant to them.
- Whether either parent’s concerns about contact are legitimate or whether they reflect personal grievance.
- Any history of family violence.
- The practical difficulty of making the arrangement work.
The relationship you have built over time is the single most important factor. A grandparent who has been a consistent carer, a trusted figure, a weekly presence in the child’s life, starts from a much stronger position than someone who has had little involvement.
Key Point: The court is not there to adjudicate the adult dispute. It is there to work out what the child needs. Grandparents who keep that framing front of mind, in their evidence and their conduct, are easier for the court to assist.
Can a parent stop a grandparent from seeing a grandchild?
In practice, yes. A parent can refuse contact. There is no mechanism that automatically forces a parent to allow grandparent visits absent a court order.
But can a parent do it lawfully and permanently? That depends on the circumstances.
If there are genuine safety concerns, the parent’s refusal may be reasonable and the court would likely agree. If the refusal is driven by a breakdown in adult relationships rather than any concern for the child, the court is less likely to endorse it.
The most common situation we see is separation or divorce between the child’s parents. One parent withdraws from the other’s family entirely, including the grandparents. The grandparents are not the ones who have done anything wrong, but they are the ones bearing the consequences.
If you’re in that position, the first step is not litigation. It is attempting to open a line of communication, ideally through a dispute resolution service, before the situation hardens further. Understanding how to have an amicable divorce can help families keep those lines open for the children’s sake.
Expert Tip: Document your attempts to maintain contact: messages sent, calls made, letters written. If the matter does go to court, evidence of your good faith efforts, and the other party’s responses, is relevant to how the court sees the situation.
Do grandparents have automatic visitation or custody rights?
No. This is what most grandparents get wrong.
Australia does not use the term “custody” in its family law framework. The law talks about parental responsibility, and about where a child lives and who they spend time with. But the core point holds regardless of terminology: grandparents have no automatic entitlement to either.
Grandparent visitation rights are not a fixed legal category. They are the possible outcome of a court application, assessed against the best interests of the specific child in front of the court.
What you do have, automatically, is the right to apply. Section 65C is there. The process is available to you.
Whether the court makes an order in your favour depends on the evidence, the history and the child’s circumstances. No lawyer can tell you with certainty that you will succeed. Any lawyer who tells you otherwise is not being straight with you.
Key Point: The absence of automatic rights does not mean you are powerless. It means you must make your case. And if the relationship with the grandchild is real and meaningful, you have something worth presenting to the court.
How can grandparents try to resolve contact disputes without going to court?
Mediation, formally called family dispute resolution, is almost always the right first step, and it is usually a legal requirement before you can file a parenting application.
A family dispute resolution practitioner works with both parties to try to reach an agreement. The process is confidential, which means what is said in those sessions cannot generally be used in later court proceedings. That gives everyone room to be honest.
If mediation works, you can formalise the agreement as consent orders filed in the Federal Circuit and Family Court of Australia. Consent orders have the same force as orders made after a contested hearing. They are enforceable.
If mediation does not work, or if one party refuses to engage, the practitioner issues a certificate under section 60I of the Family Law Act. That certificate is what you need before filing your court application (subject to the exceptions mentioned earlier).
Mediation services for grandparents include government-funded options through Relationships Australia and other accredited providers. A family lawyer can help you identify the right service and prepare for the process so you don’t walk in cold.
Expert Tip: Go into mediation with a clear and reasonable proposal. Know what time arrangement you are actually seeking, and why it is good for the grandchild. Vague requests tend to produce vague outcomes.
What happens if there are safety concerns or family violence?
Family violence changes the usual process.
If there is a genuine risk of harm to the child, or to yourself or another party, the requirement to attempt mediation before going to court may not apply. You may be able to file directly and seek urgent interim orders.
If you have concerns about a grandchild’s safety in their current living situation, you should speak to a lawyer immediately. In some circumstances, grandparents have successfully sought urgent orders where a parent’s ability to care for the child safely has been compromised.
The court takes family violence seriously. A history of violence in the household is a significant factor in the best interests assessment. It can support a grandparent’s application in cases where the grandparent represents a stable, safe alternative environment.
If you are in immediate danger or believe a child is at risk right now, contact the Queensland Police Service or call 000. A court application is not the right first response to an emergency.
Key Point: If the family dynamics involve violence or safety concerns, the legal process looks different. Don’t assume the standard mediation-first pathway applies to your situation without getting advice first.
What if the grandchildren live with one parent after separation or divorce?
This is the most common scenario we see.
Parents separate. One parent takes the children. The other parent’s family, often the grandparents, loses contact entirely because the parent who has day-to-day care makes a unilateral decision to exclude them.
The law does not give that parent an unqualified right to do that. If your relationship with the grandchild has been meaningful and consistent, the court can and does make orders for grandparents to spend time with children whose parents have separated.
What you should not do is assume that because the parents’ relationship ended, your relationship with the grandchild must end too. The two things are legally separate.
And what you should not do is involve yourself in the parents’ dispute. The court will notice quickly if a grandparent’s application is really a proxy for one parent’s grievance against the other. Keep your focus on the child. Learning how to help your kids through divorce is a useful starting point for understanding how courts think about children’s needs during family breakdown.
Expert Tip: If you’re caught in the middle of a separation, try to maintain a neutral stance on the parents’ dispute and make every conversation about the child’s welfare. That posture will serve you better in mediation and in court than taking sides.
Do grandparents have rights after a parent dies?
Yes, and these are often some of the clearest cases.
When a parent dies, the surviving parent takes over, and that parent may have their own family relationships to prioritise. Sometimes the deceased parent’s family, including grandparents, is slowly or suddenly excluded.
In those circumstances, the Family Law Act still applies. You can still apply for parenting orders. Section 65C is not limited to cases involving two living parents.
The relationship you had with the child before the parent’s death, and the role you played in that child’s life, will matter enormously. If you were a regular and significant presence, the court is likely to see the continuation of that relationship as beneficial to the child.
These cases carry an additional layer of grief for everyone involved. The child is grieving. The surviving parent is grieving. The grandparents are grieving. How the application is approached matters as much as whether it is made.
Key Point: After a parent’s death, maintaining the grandparent relationship can be a meaningful way for the child to stay connected to the parent they have lost. Courts often recognise that.
Do grandparents have rights if the child has been adopted?
This is a different situation, and a harder one.
When a child is legally adopted, the adoptive parents become the child’s parents in law. The biological grandparents’ legal status changes. In most cases, adoption extinguishes the prior family relationships in a legal sense.
Whether any ongoing contact is possible depends heavily on the terms of the adoption and the willingness of the adoptive parents. Open adoptions may include agreed contact arrangements. Closed adoptions generally do not.
If this is your situation, the starting point is understanding what type of adoption occurred and what, if any, contact arrangements were built into it. A family lawyer can help you understand what options remain.
Key Point: Adoption changes the legal landscape significantly. If this applies to you, get specific advice rather than assuming the general grandparent application process will work in the same way.
How do grandchildren’s views affect the court’s decision?
They matter, and they matter more as the child gets older.
The Family Law Act requires the court to consider the views of the child, giving weight to those views in accordance with the child’s age and level of maturity. A teenager’s clear and consistent view about whether they want to see their grandparent will carry considerable weight. A very young child’s expressed preference will be treated more carefully, because young children can be influenced by the adults around them.
The court does not put children in the position of choosing between adults. It considers their views as one input among many.
If the grandchild is old enough to express a view, and if that view is that they want to maintain the relationship with you, that is evidence worth capturing, carefully and without pressure, in the right way. A lawyer can advise you on how to do that appropriately.
Expert Tip: Never ask a child to write a statement, take sides or speak on your behalf. If a child’s views need to be presented to a court, there are proper processes for that, including the appointment of an Independent Children’s Lawyer in some cases.
What evidence helps a grandparent’s application succeed?
The case you build is built on history.
The court wants to understand the reality of your relationship with the grandchild. Not what you feel it has been. What you can demonstrate it has been.
Evidence that tends to help includes:
- Photos, messages and videos showing your involvement in the child’s life.
- School or medical records showing your participation in the child’s care.
- Records of regular contact before it was cut off, such as visit diaries or text message histories.
- Evidence of your living arrangements and your capacity to provide a safe, nurturing environment for any time the child spends with you.
- Character evidence from people who have seen you with the grandchild.
- Documentation of your attempts to restore contact, including messages, emails and any mediation correspondence.
What does not help is a focus on the other party’s failings. The court already knows family breakdowns are messy. It is looking for evidence about the child’s relationship with you, not about the parents’ shortcomings.
Expert Tip: Start a contact diary now if you don’t already have one. Record dates you tried to make contact, how you attempted it, and what response you received. Even if the matter settles without a hearing, that record is valuable.
When should grandparents get legal advice?
If you’ve been cut off from a grandchild and you want to do something about it, the answer is: sooner rather than later.
The longer the gap in contact, the more established the new normal becomes. Courts can restore contact, but restoring a relationship that has been severed for two years is harder than maintaining one that was disrupted six months ago.
You should get advice before attempting mediation, so you understand your position going in. You should get advice before filing any child custody application. And you should get advice if you are served with any parenting application by another party, because your response matters.
If you’re not sure whether your situation warrants the cost of legal advice, here’s a practical test: if you would pay for a single session with a specialist just to know where you stand, do that. Understanding your position clearly is worth more than acting on assumptions.
If a grandchild’s safety is at risk, do not wait. Get advice today.
You’re welcome to book a confidential, no obligation conversation with the C + K Family Lawyers team about your circumstances. We work with grandparents across Brisbane and the Gold Coast who are trying to understand their options and take the right next step.
Key Point: The grandparents who achieve the best outcomes are usually the ones who understood their legal position clearly before they acted, rather than after.
Frequently asked questions
If I’ve never had much involvement with the grandchild, can I still apply?
You can apply, but your prospects of success are much lower. The court is focused on the child’s best interests, and an established, meaningful relationship is the foundation of most successful applications. If you have had little involvement, you should speak with a lawyer honestly about what the court is likely to make of your application.
Do I need a lawyer to apply for parenting orders as a grandparent?
You are not required to have a lawyer, but the process is genuinely complex and the stakes are high. A family lawyer who works in this area every day can help you prepare evidence, approach mediation strategically and present your case in the way the court expects to see it.
How long does it take to get a parenting order as a grandparent?
It depends entirely on whether the matter is contested. A mediated agreement that is filed as consent orders can be resolved in weeks. A contested hearing in the Federal Circuit and Family Court of Australia can take many months, sometimes well over a year. That timeline is one of the strongest arguments for attempting genuine mediation first.
What if the parents say I’m a bad influence or that contact isn’t safe?
Those allegations need to be addressed directly, with evidence. If they are unfounded, your lawyer can help you respond with material that contradicts them. If there is any basis to them, you need to understand what the court is likely to make of the full picture before proceeding.
Can I get urgent orders if I’m worried about my grandchild’s safety right now?
Yes, in some circumstances. If you have genuine grounds to believe the child is at risk of serious harm, you may be able to apply for urgent interim orders without completing mediation first. Get legal advice immediately if you are in this situation.
What to do next
If you haven’t seen your grandchild in months and you don’t know where to start, the first step is simply getting clear on your position.
You don’t need to have decided whether to go to court. You don’t need to know the law. You just need to talk to someone who does, and who can tell you plainly what the path forward looks like for your specific situation.
The relationship you have built with your grandchild matters. The law gives you a way to fight for it, if you go about it the right way.
Speak with the C + K Family Lawyers team about your circumstances. We offer a confidential, no obligation initial conversation for grandparents across Brisbane and the Gold Coast who want to understand their options before taking any step. Contact us to get started.
This article is general information only and is not legal advice. Family law outcomes depend on your individual circumstances. For advice about your situation, speak with a qualified family lawyer.
About the Author
Christopher (Chris) Jones is the Principal Lawyer and co-founder of CK Family Lawyers, a Queensland family law firm. Chris advises on divorce, property settlement, parenting arrangements, binding financial agreements, mediation and domestic violence matters. After working in legal environments where clients felt depersonalised and lost in jargon, he co-founded the firm with Krystina Jones on the belief that people deserve family lawyers who genuinely care, and he works directly with his clients throughout their matters.
