Key takeaway: Grandparents have no automatic right to contact, but the Family Law Act specifically recognises children's right to spend time with people significant to their care, welfare and development — including grandparents. Grandparents can seek a parenting order, but must first attempt family dispute resolution. Mediation is usually the best way to restore time without damaging family relationships further.
Do grandparents have legal rights?
This is the question we hear most from grandparents, and the honest answer is nuanced. Grandparents don't have an automatic, freestanding "right" to see their grandchildren. However, the Family Law Act 1975 expressly recognises that children have the right to spend time and communicate with people who are significant to their care, welfare and development — and grandparents are specifically named as people who can apply for parenting orders.
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Book a free consultation →What the law actually says
The law frames it around the child's interests, not the adult's. The question isn't "what are the grandparents entitled to?" but "is spending time with these grandparents in the child's best interests?" For many children, the answer is clearly yes — grandparents provide love, stability and continuity. That child-centred framing is actually helpful to grandparents who genuinely have the children's interests at heart.
How grandparents can seek time
- Start with communication — where possible, talk to the parents directly.
- Try mediation — family dispute resolution can rebuild a workable arrangement.
- Formalise an agreement — a parenting plan or consent orders can set out time.
- Apply to the court — as a last resort, grandparents can seek a parenting order.
Applying to the court
If agreement can't be reached, grandparents can apply for a parenting order seeking time with, or communication with, their grandchildren. The court applies the same best-interests test it uses for parents (see the Federal Circuit and Family Court). It's a more costly and adversarial path, which is exactly why mediation is encouraged first — a court fight can deepen the family rift the grandchildren are caught in. See the pre-court mediation requirement →
When grandchildren live with grandparents
Sometimes grandparents become the primary carers — where parents are unable to care for the children due to illness, addiction, or other circumstances. In these cases grandparents can seek parenting orders for the children to live with them, and may be eligible for support. This is a significant step, and getting early advice matters. See how care arrangements work →
Whether you want regular time or to care for your grandchildren, we'll guide you. Book a consultation.
Book a free consultation →Why mediation comes first
Disputes over grandchildren are often tangled in wider family conflict — between a parent and their own parents, or between the two sides of a separated family. Litigation tends to harden those divisions. Mediation offers a calmer, private way to rebuild trust and agree on time, keeping the focus where it belongs: on the grandchildren's wellbeing. It's faster, cheaper, and far less likely to burn bridges. See parenting plan mediation →