When a family separates, one of the biggest questions that can arise is: what happens to the relationship between grandparents and grandchildren? Many grandparents worry about losing contact, particularly when conflict is high or communication breaks down. This blog explains what rights grandparents do and don’t have under Australian family law, and what practical steps can help.

What the Law Says About Grandparents and the Family Law Act

• The Family Law Act 1975 does not give grandparents automatic rights to see or live with their grandchildren.
• However, the Act recognises that children have the right to maintain relationships with people who are significant to their care, welfare, and development – and grandparents are specifically included in this category.
• Grandparents can apply to the Court for parenting orders which may allow time, communication, or in more serious cases, for children to live with them.
• As with all parenting matters, the best interests of the child remain the Court’s paramount consideration.

When Grandparents May Be Able to Take Action

Grandparents may have stronger prospects of obtaining parenting orders when:

• There is an established, meaningful relationship between the child and the grandparent.
• The parents are separating or have separated, and the grandparent’s involvement is being restricted in a way that may negatively affect the child.
• The grandparent has played a significant caregiving role, or there are welfare concerns.
• The grandparent seeks formal arrangements – not just visits – such as regular time, communication, or stable living arrangements through a Parenting Plan or Court Orders.

Important Limitations Grandparents Should Understand

• Simply being a grandparent does not automatically entitle you to contact.
• A parent (or person with parental responsibility) may limit or refuse access unless a Court order or agreement is in place. Their decisions will generally stand if they are in the child’s best interests.
• Grandparents usually need to attempt family dispute resolution (mediation) before applying to the Court, unless an exception applies (for example, urgency or safety concerns).

• The Court will examine a wide range of factors, including:

• the existing relationship between the child and grandparent

• the grandparent’s capacity to meet the child’s needs

• any risk factors (such as family violence)

• the child’s views (depending on age and maturity)

• the stability and practicality of proposed arrangements

Practical Advice for Grandparents

• Maintain consistent and meaningful contact with your grandchildren where possible. A solid history of involvement can support any future legal application.
• Keep records of your involvement — visits, calls, events — which may assist later.
• Be respectful of the parents’ roles while still advocating for reasonable involvement.
• Consider having discussions with the parents about a Parenting Plan that includes regular time or communication.
• If you are being excluded or are concerned about the child’s welfare, seek legal advice early to understand your standing and options.

Advice for Parents or Separating Couples

• Recognise that grandparents often play an important role: emotional support, cultural connection, stability, and continuity.
• When making parenting arrangements, consider whether and how grandparent involvement might benefit the child.
• If concerns exist, think about appropriate conditions or boundaries for contact.
• If a grandparent applies for orders, understand that the Court will look at what best supports the child’s welfare, not just the preferences of the adults.

Why Grandparents Matter After Separation

Grandparents often provide stability, reassurance, and a consistent presence during times of family change. For many children, their relationship with grandparents can be a source of comfort, security, and support. Nurturing these relationships, when safe and appropriate, is usually beneficial for a child’s emotional well-being and sense of continuity.

How South Coast Family Law Group Can Assist

We understand that issues involving grandparents can be both emotionally charged and legally complex. We can assist by:

• Explaining your rights (as a grandparent) or responsibilities (as a parent) under the Family Law Act
• Advising whether mediation or Court proceedings are appropriate
• Drafting or reviewing Parenting Plans or Consent Orders that include grandparent involvement
• Representing you in parenting applications involving grandparents
• Supporting negotiations while always prioritising the child’s best interests
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Final Thoughts

While grandparents do not have automatic legal rights to see or care for their grandchildren, they do have pathways to seek involvement — especially where a meaningful relationship already exists and the child’s welfare supports it. Parents, too, can benefit from thoughtfully including grandparents as part of a child’s support network.

If you are a grandparent experiencing barriers to contact, or a parent considering how to involve grandparents after separation, Contact South Coast Family Law Group can guide you through the options available. Contact us today on (02) 4202 6644 or email admin@scflg.com.au to speak to one our experienced family lawyers in Wollongong or Shellharbour.