Grandparents often play a pivotal role in a child’s upbringing and share a special bond with their grandchildren.
During relationship breakdown, often the role and future contact of grandparents with their grandchildren is jeopardised. When parents do not reach an amicable decision regarding custody and care of children it can become difficult for grandparents to maintain contact.
In recent years, Australian law has specifically recognised the important role of grandparents and their right to access their grandchildren.
In general, grandparents have a right to negotiate and seek Family Court Orders for ongoing contact with their grandchildren. When this is in the children’s best interests the Family Court will try to facilitate such contact.
However, in a lot of situations, it is extremely difficult for the Court to juggle grandparents desire to see their grandchildren when it must also resolve parent’s conflict over care of those children.
In any Family Court proceeding involving children’s issues, the Court’s first priority is the interests of the child. No law says a grandparent must be allowed to spend time with their grandchild. However, if it is considered in the best interests of the child, then the Court may make such orders.
Marriott Oliver can help you to retain access to your grandchildren and re-establish your role in their lives following parental relationship breakdown.
We can help you understand your rights and open a dialogue with the other interested parties to negotiate a reasonable solution. If necessary, we can protect your rights and represent your interests in Court.
Marriott Oliver lawyers have skills in family mediation and negotiation. To help secure your right to spend time with your grandchildren without further conflict or undue costs, we will always attempt to first negotiate.
For advice on how to best reach an agreement to enable you to see your grandchildren, please get in touch.