Publish Date: June 4, 2020

Do Grandparents Have Legal Rights in Australia?

The Family Law Act states the importance of children having a relationship with grandparents and other significant family members.

Although The Family Law Act ( GRANDPARENTS EXTENDED FAMILY ) does not give Grandparents rights to see their grandchildren, it does provide the right to seek Court Orders which would allow them to spend time with the children.

What is the Position under the Family Law Act?
The Family Law Act 1975 provides the protection of the children is paramount. This principle applies Australia-wide and primarily focuses on the rights of children to be cared for by parents, their welfare, and other such development. This also includes the children’s relationship with their grandparents.

The reference to Grandparents rights is mentioned multiple times throughout this section, with the Court placing significant consideration on the following factors:

>> The nature of the relationship the children have with the Grandparents (or other significant relatives of the child);
>> The likely effect of a change on the child, including the effect of separation from the Grandparents; and
>> The capacity of the Grandparents to provide for the needs of the child.

If you require advice on any of the information outlined above, please contact us on 1800 662 535 or email us at team@jamesnoblelaw.com.au to discuss your options. Our Brisbane Family Lawyers team can help you find a solution. https://jamesnoblelaw.com.au/grandparents-rights-australia-living-arrangements-for-children/

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