What Are the Rights of Grandparents Post Divorce in Australia?

The extended family of a child which particularly includes their grandparents plays an important part in the overall upbringing and development of the child. Sometimes when parents separate the kids are often cut out of their grandparents lives and it is made much difficult for them to spend time with their grandchildren.

As per the law of Australia when a family unit breaks down, the grandparents can only meet their grandchildren when they are spending time with their respective parent. However as per the family Law Act of 1975 children are given the right to spend time on a regular basis with both their parents as well as their grandparents whom the court considers is important for the overall welfare and development.

As a grandparent if you are concerned about the care and welfare of your grandchild you can contact your family law lawyers in Brisbane and apply to the court in order to grant you orders so that you can have communication with your grandchild over the telephone, emails or letters and visit your grandchild physically and spend time with them.


If you are able to make an agreement with the help of your family law lawyers in Brisbane, it can be incorporated within the parenting plan which the parents are making. In case as a grandparent you cannot reach an agreement with a parent about spending time with your grandchildren then you can again seek help from your family law lawyers in Brisbane and go to the court to get an order which would enable you to meet your grandkids.

However as a rule of law most family law lawyers in Brisbane encourage grandparents to attend mediation with the parents before they can have orders issued from the court.

It should however be noted that the family Law Act of Australia acknowledge the importance of children’s having a relationship with their grandparents.

The court’s decision regarding what will be the mode of communication between a child and his/her grandparents will primarily be influenced by the need to protect the child from harm and the benefit the child would have from relationship with both the parents.

If you are prohibited from meeting your grandchildren you can always seek legal advice from family law lawyers in Brisbane. It is important to note that anyone who has an ongoing or continuous relationship with the child and can prove to the court of the law that they are concerned with the welfare and development of the child can get a parenting order issued from the court which would allow them to spend time or communicate of the child.

Matters regarding visitation rights of grandparents are complex and if you want to stay in touch with your grandkids even after their parent’s divorce it is important that you contact some experienced family law lawyers in Brisbane like NWL. New Way Lawyers is known as one of the premium organizations of Brisbane, who have been extending their support to the citizens of the city in all types of legal matters. The company is not guided by the motive of profit but by the motive of community service for their fellow citizens. Lawyers at NWL can help you to understand the custody the state and provide advice regarding the correct line of action.

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