Grandparents' Rights to See Their Grandchildren After a Family Breakdown

When a relationship breaks down, it's not just parents and children who feel the impact. Grandparents are often left on the outside of a conflict they didn't create, sometimes cut off from grandchildren they've helped raise for years. We hear this often from families: "Do I have any rights to see my grandchildren?" Here's what the law actually says.

The law recognises grandparents — but not as an automatic right

Australian family law doesn't ignore grandparents. The Family Law Act 1975 (Cth) specifically acknowledges that children benefit from meaningful relationships with people significant in their lives, including grandparents, and grandparents are expressly entitled to apply to the court for a parenting order — the same type of order a parent could seek, covering who a child lives with, spends time with, or communicates with.

However, there's an important distinction: the law doesn't grant grandparents a right to see their grandchildren. It grants them the right to ask a court to make an order, and the court's only real concern is what's in the best interests of the child — not what's fair to the grandparent, and not who's "in the right" in the underlying family dispute.

How courts weigh a grandparent's application

When deciding what's in a child's best interests, the court considers things like the benefit to the child of maintaining relationships with people who matter to them, any risk of harm, the child's own views (depending on age and maturity), and the practical impact of any arrangement on the child's routine and existing relationships with their parents. A strong, loving, pre-existing bond between a grandparent and grandchild carries real weight — but so does evidence of family conflict, safety concerns, or a parent's reasonable objections.

This means outcomes vary enormously depending on individual circumstances. A grandmother who has provided regular after-school care for years is in a very different position from a grandparent who has had limited contact and is seeking time following a falling-out with their adult child.

Common situations we see

Grandparent disputes tend to arise in a few recurring patterns: when parents separate and one parent (and by extension, that parent's family) loses regular contact; when a son or daughter's relationship with their own parents breaks down independently of any separation; or, sadly, after the death of a parent, when the surviving parent restricts contact with the deceased parent's side of the family. Each of these requires a slightly different approach, but the legal pathway is largely the same.

Before you go to court

Court proceedings should generally be a last resort — they're costly, slow, and can entrench conflict rather than resolve it, which rarely serves the child well. Before filing anything, grandparents are required (except in limited circumstances, such as urgency or family violence) to attempt Family Dispute Resolution, a form of mediation, and obtain a certificate confirming a genuine attempt was made.  

Where to go from here

If you're a grandparent who has lost contact with your grandchildren, or you're a parent trying to navigate a grandparent's request for time with your children, getting advice early can make a real difference. Understanding your legal position, and the realistic likely outcomes, helps you make decisions calmly rather than reactively, and gives the best chance of preserving relationships that matter for the long term.

Our family law team regularly assists grandparents and parents working through exactly this kind of dispute, from informal negotiation through to court applications where needed. If you're facing this situation, we're happy to talk through your options.