Legal comment by Mishi Yarovy of Hinterland Lawyers

October 2004

Unfortunately in our present society, when marriages break up, grandparents are often left out of arrangements concerning their grandchildren.  For example, if the children then reside with the mother, the paternal grandparents may be denied contact (and vice versa).  The emotional significance of this is enormous for both the grandparents and the children, especially when those grandparents have previously been highly involved in the childrenâ€^TMs lives by baby-sitting and visiting regularly. 

In 1995, the Family Law Act confirmed the importance of children having a relationship with their grandparents, whether from a marriage or de facto relationship.  For grandparents to obtain legal rights of contact, they need to make an application to the Family Court of Australia.  Recent changes to the Family Court Rules place an increased focus on parties resolving disputes without the intervention of a Judge.  Accordingly, parties are initially required to attend counseling and mediation.  If an agreement between the grandparents and the parents is reached via counseling or mediation, it is advisable to have this agreement formalised with a legally binding consent order or parenting plan.

An alternative to grandparents personally pursuing their legal rights, is if their son or daughter is preparing contact agreements with a separated partner, to ask them to include contact arrangements between the grandparent and the grandchildren at the same time.

When going through such processes, whether you make an application to the Court or not, it is prudent to keep a written record of any relevant events and information, dates you and/or your grandchildren attended counseling, and details of any occasion on which a parent fails to allow a pre-arranged visit.  There are support groups for grandparents who have been denied contact with their grandchildren.  For a list of groups in Queensland, telephone the Seniors Enquiry Line on 1300 135 500.

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