Grandparents Mediation — rebuild time with the grandkids.
When grandparents are cut off from grandchildren — by a difficult separation, family conflict, or estrangement — the path back usually runs through mediation, not court. The law expressly recognises children's right to spend time with significant people in their lives, and mediation is the way to make that real.
Key takeaway
Grandparents don't have automatic rights in Australian family law, but the Family Law Act expressly recognises children's right to spend time with people significant to their care, welfare and development — including grandparents. Mediation is the required first step before applying for a parenting order, and it's usually the most effective path: it can rebuild communication where court would entrench division.
What rights grandparents have
It's worth being honest: grandparents don't have an automatic, freestanding "right" to see grandchildren. What they do have is the right to apply for a parenting order, and the law expressly recognises that children benefit from relationships with grandparents and other significant people. The framing matters — the law looks at it as the child's right to maintain meaningful relationships, not the adult's right of access.
In practice that's a strong basis. For grandparents who've been part of the children's lives, the best-interests test usually supports maintaining the connection.
When mediation helps
- You've lost contact after a parent's separation or new relationship
- A falling-out with your own adult child has cost you the grandchildren
- You want to formalise existing time so it isn't dependent on parents' goodwill
- You've been caring for grandchildren informally and need a legal arrangement
- You want to maintain time after a death or family crisis
The mediation process
- Initial consultation — understanding your situation, the relationship history, what you want.
- Reaching out to the parents — we contact them and offer the mediation process.
- Intake — separate sessions with all the adults involved.
- The session — working through what arrangement serves the children.
- Agreement — a parenting plan covering time, communication, decision-making.
- Formalisation — consent orders if the arrangement needs the force of law.
What the law says
The Family Law Act 1975 expressly contemplates grandparents applying for parenting orders. The best-interests test governs the outcome, considering:
- The benefit of a meaningful relationship with significant people
- The need to protect children from harm
- The nature of the existing relationship
- The children's views (age-appropriately)
- The practical effect of any arrangement
See grandparents' rights in detail →
Family Dispute Resolution applies
Like parents, grandparents generally need to attempt Family Dispute Resolution and obtain a Section 60I certificate before applying to court for a parenting order, unless an exemption applies.
When grandchildren live with grandparents
Sometimes grandparents end up as the primary carers — where parents are unable to care due to illness, addiction or other circumstances. The legal arrangement is the same in principle: parenting orders can place children in grandparents' care, with the grandparents holding parental responsibility. Mediation is often part of this process even where the parents agree, because formalising the arrangement protects everyone. See how care arrangements work →
Section 60I certificates
If mediation doesn't fully resolve the matter, the practitioner can issue a Section 60I certificate — allowing the grandparents' parenting application to proceed to court. See Section 60I certificates →
Formalising the arrangement
An informal agreement is fine where the parents are reliable. Where they're not, or where the situation needs the certainty of court orders, the mediated arrangement is converted into consent orders — enforceable in the same way as any court order. See consent orders →
Getting started
The first step is a free initial consultation. We'll listen, assess the situation honestly, and outline what's possible. These matters are emotional but solvable — the path back to your grandchildren usually starts with a single conversation.
Questions & answers
Grandparents Mediation — frequently asked
Do grandparents have a right to see their grandchildren?+
Not an automatic right, but the Family Law Act expressly contemplates grandparents applying for parenting orders, and the law recognises children's right to maintain significant relationships.
Do grandparents have to try mediation before court?+
Generally yes — like parents, grandparents must usually attempt Family Dispute Resolution and obtain a Section 60I certificate before applying for a parenting order, unless an exemption applies.
Can grandchildren live with grandparents legally?+
Yes. Where parents can't care for the children, grandparents can seek parenting orders placing the children with them, with grandparents holding parental responsibility.
What if the parents won't engage?+
If parents refuse to mediate, the practitioner can issue a Section 60I certificate, allowing the application to proceed to court.
Does mediation cost more for grandparents?+
No — the cost is the same as any other family law mediation. Typically $3,000–$7,000 total, often shared between the parties involved.
Can mediation work if there's been a family rift?+
Often it's exactly where mediation works best. The structured, neutral process can rebuild communication where direct conversation has failed.
How long does the process take?+
Most matters resolve in one or two sessions over a few weeks. Compare that to the one to three years a contested court case can take.
Related guides & services
Ready to resolve this?
Book a free initial consultation and we'll explain how mediation applies to your situation.
Book a Free Consultation →