As the holiday season approaches, family gatherings often highlight the vital role grandparents play in the lives of their grandkids.

However, when a marriage or relationship breaks down, grandparents are often overlooked in the reorganisation of family dynamics, despite their growing contribution to childcare – exasperated lately, thanks to the growing cost of living and daycare fees.

With an increased focus on the broader impacts of family separation, one family law specialist is urging grandparents to better understand their rights and the steps they can take to maintain meaningful relationships with their grandchildren during times of upheaval.

Liz Catton, Accredited Family Law Specialist and Director at Catton and Tondelstrand Family Lawyers says the law recognises the importance of grandparents in children’s lives acknowledging that children have a right to maintain relationships with “people significant to their care, welfare, and development,” including grandparents.

However, while the law prioritises the child’s rights, it does not specifically grant grandparents any automatic rights to spend time with their grandchildren – she warns.

“Grandparents are often the unsung heroes in families,” said Liz.

“From providing childcare to being primary carers, their role can be critical, especially during times of family crisis. Yet, they can find themselves sidelined after a separation or divorce.”

She said that when relationships break down, children’s time with grandparents is usually left to the parents to arrange. However, if communication between separated parents is strained – due to factors such as distance, illness, or conflict – grandparents may lose contact with their grandchildren, which can sever important bonds.

“Grandparents often don’t realise they can take legal steps to maintain their relationships with their grandchildren,” said Liz.

“Under the Family Law Act, they can apply for parenting orders if it’s in the best interests of the children.”

Section 60CC of the Act outlines the factors courts consider when determining the best interests of the child. For grandparents seeking parenting orders, the court will assess the benefits of the children having a meaningful relationship with their grandparents, any need to protect the children from harm, including exposure to abuse or neglect, the nature of the existing relationship between the grandparents and their grandkids as well as the likely effect of changes on the kids involved.

“Every case is unique,” Liz noted. “But the courts are increasingly recognising the value of intergenerational relationships, provided they align with the child’s safety and well-being.”

With the holidays around the corner, Liz encourages grandparents to proactively address any potential challenges in maintaining relationships with their grandchildren.

“The festive season is a time of connection, but it can also bring to light the strain caused by family separations,” Liz said.

“If grandparents are struggling to maintain contact, seeking legal advice early can help preserve these vital bonds and ensure children have the support and love they need from all sides of the family.”

For more information or to explore options regarding grandparent rights under family law, contact Catton and Tondelstrand Family Lawyers.

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