Grandparents' rights and mediation
Under the Family Law Act 1975, grandparents are among the people who can apply to the Federal Circuit and Family Court of Australia for parenting orders — including orders about the time they spend with their grandchildren. Before making such an application, grandparents are generally required to attempt Family Dispute Resolution (FDR).
Who attends mediation?
Typically, the grandparent(s) and the child's parents. In some cases, other family members may also be involved. The mediator facilitates discussion about what arrangements would be in the child's best interests — which is the paramount consideration under the Family Law Act.
Is mediation required before grandparents can go to court?
Generally yes. The FDR requirement applies to most parenting applications, including those made by grandparents. Exemptions exist (family violence, urgency, the other party cannot be located) — see our guide to FDR exemptions.
What mediation can achieve for grandparents
Mediation can result in an agreed arrangement for regular contact — specific days, school holiday time, phone calls, or video chats. This agreement can be documented as a parenting plan or formalised as consent orders, giving it legal standing without the cost and adversarial nature of a contested court application.
What if a parent refuses to engage?
If a parent refuses to attend FDR, the FDRP can issue a Section 60I certificate recording the refusal. This satisfies the court requirement and allows the grandparent to file a parenting application. See: getting a certificate without completing mediation.
Costs
Private FDRP fees are usually shared between the parties, but in grandparent matters the cost is sometimes borne by the grandparent as the initiating party. Subsidised FDR through Family Relationships Centres is available for grandparent matters. See our full guide to grandparents' rights.
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