Do grandparents have a legal right to see their grandchildren?

The law recognises a child's right to maintain relationships with significant people including grandparents. Grandparents can apply for time with grandchildren, but mediation is usually the better first step.

Can grandparents apply for parenting orders?

Yes. Grandparents can apply for orders about spending time with or caring for grandchildren, though mediation is encouraged before court.

Do grandparents need a Section 60I certificate?

If applying for parenting orders, grandparents generally need to attempt family dispute resolution first, the same as parents. We can conduct this and issue the certificate.

What if a parent refuses any contact?

Mediation provides a neutral space to address the parent's concerns and rebuild trust. It succeeds in many cases where direct conversations have broken down.

Grandparents' Rights Mediation | See Your Grandchildren

Grandparents' Rights Mediation

When families break down, grandparents can lose contact with grandchildren they love. Australian law recognises children's right to a relationship with people significant to their care — including grandparents — and mediation is the gentlest way to restore and protect that bond.

Do grandparents have legal rights to see their grandchildren?

Australian family law doesn't use the language of "grandparent rights" — instead, it focuses on what is in the best interests of the child. The Family Law Act 1975 specifically recognises children's right to maintain a relationship with "significant people" in their lives — which expressly includes grandparents and other relatives. Grandparents can apply to the court for parenting orders, and their relationship with the child is a factor the court must consider.

In practice, the most important thing grandparents can do is attempt mediation before any court action. Litigation against your own children or their ex-partners tends to permanently poison relationships — the one thing grandparents can least afford to lose.

When does grandparent contact mediation help?

After a parental separation that has cut off contact with one side of the family
Where a parent has died and the surviving parent is restricting contact
When a family conflict or estrangement has damaged the relationship
Where grandparents have been a primary carer and need formal recognition
When parents are relocating interstate or overseas and ongoing contact needs to be formalised
Where one grandparent has remarried and step-family dynamics have created barriers

How does grandparent mediation work?

A neutral, accredited mediator facilitates a conversation between the grandparents and the parent or parents involved, with the focus kept entirely on what is best for the children. The mediator does not take sides — they help everyone move past the grievances and establish a practical arrangement the family can actually maintain.

Sessions can be face-to-face or online. Where the relationship between grandparents and parents is very strained, shuttle mediation — where the mediator moves between separate rooms — is often the best approach. Many mediations in these situations result in a written contact agreement that can be included in a parenting plan or, if needed, formalised as consent orders.

Grandparent contact mediation vs applying to court
	Mediation first	Straight to court
Effect on family relationships	Rebuilds communication — less adversarial	Highly adversarial — typically damages relationships permanently
Cost	Fixed fee, low — often shared	High — legal fees on both sides
Time to outcome	Weeks	Months to years
Focus	The children's best interests	Legal arguments and evidence
Result	Flexible, agreed arrangement	Rigid court order

The court strongly encourages mediation first

Grandparents who apply for parenting orders must (like parents) generally attempt family dispute resolution before the court will accept their application. Mediating first is not just the gentler path — it's usually required.

What if a parent refuses all contact?

This is the hardest situation. Mediation depends on the parent being willing to participate — you cannot force someone to come. If a parent refuses all contact and won't engage in mediation, the grandparent may need to apply to court, but the court will still want evidence that other avenues were tried first.

Often, though, a parent's refusal reflects fear or grievance rather than an absolute position. A skilled mediator, approaching the situation without pressure or blame, achieves contact arrangements in many cases where the grandparent had been told "there's no hope." The mediator's job is to create a safe space where the parent can say what they actually need — which is rarely "no contact forever."

What arrangements can be reached?

The arrangements that work best are built around the children's ages, school schedules, and the geography involved. Common outcomes from grandparent mediation include:

Regular scheduled contact (every fortnight, school holidays, birthdays)
Video calls where distance is a factor
Transition arrangements (grandparents collecting children from school)
Overnight stays for older children
Inclusion in significant events (Christmas, milestones)

These arrangements can be written into a parenting plan alongside the parents' own arrangements, or formalised separately as consent orders if the relationship requires that level of certainty.