“Grandparents provide love, wisdom and belonging but separation can sometimes break those bonds.”
The Heart of Family Connection
October marked Grandparents’ Day, a celebration of the vital role grandparents play in nurturing, guiding, and supporting their grandchildren. They are often the steady anchors of love and wisdom within families. Yet, when separation or divorce occurs, these precious relationships can become strained, restricted, or even lost.
What the Law Says
In Australia, grandparents don’t have an automatic legal right to see their grandchildren. However, the Family Law Act recognises the importance of these relationships when it serves the best interests of the child.
Pathways to Reconnection
When contact is disrupted, grandparents can invite parents to mediation or family dispute resolution to agree on ways to remain involved. If no agreement is reached, a Family Dispute Resolution Practitioner can issue a Section 60I Certificate, allowing a case to proceed to court.
The court will then assess factors such as the closeness of the relationship, the child’s views (depending on age and maturity), and any potential risk to the child. Evidence of a strong, positive bond before the separation can also help demonstrate the value of continued contact.
“Courts prioritise what’s best for the child including safe, loving ties with grandparents.”
Finding Support
If you’re navigating this situation, help is available through Family Relationship Centres, Legal Aid, or your local community legal service.
For more information, visit: www.familyrelationships.gov.au
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