About Grandparents Rights
Our family law team can help you understand your options.
We have the experience to help gain the best possible outcome for you quickly & at low cost.
- Our process
- The law
- YOUR RIGHTS
FreePhone case assessment
Let’s talk about your family confidentially. We will need to have a chat over the phone about your circumstances, understanding everything you have done so far to resolve your legal issue and determine if our family lawyers can help your situation.
Book appointment with our family lawyers
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to provide sound legal advice indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for representation throughout the process you can then decide if you would like them to act on your behalf moving forward.
Know your grandparent rights.
Get sound advice on your grandchildrens situation so you can legally gain access or custody.
Lawyers with extensive grandparent rights experience.
Meet with lawyers who have successfully grandparents gain access and custody.
- Past Cases
- Good Results
- Happy Clients
The Law
A parenting order in relation to a child may be applied for by:
- a) either or both of the child's parents; or
- b) the child; or
- c) a grandparent of the child; or
- d) any other person concerned with the care, welfare or development of the child.
In Plain English
A parent or grandparent of the child or any other person who is concerned with the care, welfare and development of the child, can apply for parenting orders for the child. This might include other relatives such as aunts, uncles and extended family members.
The court will look at what is in the best interests of the child in working out arrangements for them
Know your grandparent rights.
Get sound advice on your grandchildrens situation so you can legally gain access or custody.
Lawyers with extensive grandparent rights experience.
Meet with lawyers who have successfully grandparents gain access and custody.
- Past Cases
- Good Results
- Happy Clients
Access to grandchildren
An application to spend time and communicate with the grandchildren is usually made where the parents are refusing any meaningful relationship between the children and the grandparents. The type of contact likely to be granted by the Court will depend on the individual circumstances of the case, however it is usually less time than is ordered in favour of a parent.
Custody of grandchildren
Applications to obtain parental responsibility for the children and orders for the children to live with you are usually made where both parents are unwilling, unable or lack the capacity to care for the children. An example may be as a result of addiction problems or family violence.
In deciding parenting arrangements, the Court must regard the best interests of the children as the paramount consideration. In determining what is in the best interests of the children, the Court must examine and make findings as to various considerations, including the benefit of the children having a meaningful relationship with both parents and the need to need to protect the children from harm and/or family violence. Unless there are exceptional circumstances, prior to making any application for parenting orders, parties must attempt mediation and must consider entering into a parenting plan.
Having parenting orders can legally give you parental responsibility for the child and the ability to make major long term decisions for their care, welfare and development. The sorts of decision this might include are those about medical treatment and schooling. Sometimes it might be difficult to enrol children in school or get medical procedures carried out if you do not have legal parental responsibility for the child.
Dispute resolution
Going to court should always be the last option as it can be stressful and expensive. Before you do anything you should talk to the parents and try come to an agreement about how and when your grandchildren see or have contact with you.
Not only is it in everyone’s interest to resolve disputes without taking legal action, but the Family Law Act requires people to try family dispute resolution first. Family dispute resolution is where an independent person who is trained to help families discuss their differences tries to help you explore possible solutions with each other. This is also called mediation or conciliation.
If the mediation is successful the agreement about the time you are to spend with your grandchild can be written up in a Parenting Plan or Consent Orders, which can then be lodged with the Court.
Know your grandparent rights.
Get sound advice on your grandchildrens situation so you can legally gain access or custody.
Lawyers with extensive grandparent rights experience.
Meet with lawyers who have successfully grandparents gain access and custody.
- Past Cases
- Good Results
- Happy Clients
Our process
FreePhone case assessment
Lets talk about your situation confidentially. We will discuss the alledged common assault in detail to understand what happened and be able to tell you if we can help or not. Get the process started now, by requesting a free call back.
Book appointment with a family lawyer
If it's clear consulting a solicitor you will help your situation, we can identify the right one for your case and arrange a convenient appointment for you. We will review any documents you send us, and brief the solicitor before you arrive to maximise your time with them.
In depth consultation
At your meeting the solicitor will be able to indicate the outcome they expect to achieve and the legal pathway they would take with you to ensure the best possible result based off past cases and experience. Possible defences will be explored and all of your questions answered.
Sound legal advice & pathway forward
Armed with sound legal advice and a fixed fee quote for respresentation throughout the process you can then decide if you would like them to act on your behalf to drop charges or represent you in court.
Know your grandparent rights.
Get sound advice on your grandchildrens situation so you can legally gain access or custody.
Lawyers with extensive grandparent rights experience.
Meet with lawyers who have successfully grandparents gain access and custody.
- Past Cases
- Good Results
- Happy Clients
The law
THE LAW
A parenting order in relation to a child may be applied for by:
- a) either or both of the child's parents; or
- b) the child; or
- c) a grandparent of the child; or
- d) any other person concerned with the care, welfare or development of the child.
IN PLAIN ENGLISH
A parent or grandparent of the child or any other person who is concerned with the care, welfare and development of the child, can apply for parenting orders for the child. This might include other relatives such as aunts, uncles and extended family members.
The court will look at what is in the best interests of the child in working out arrangements for them
The sooner you act the better.
Leaving things to the last minute makes it more difficult for your legal team to obtain the best possible result.
Lawyers with extensive assault experience
Meet with lawyers who have successfully defended many clients charged with common assault.
- Past Cases
- Good Results
- Happy Clients
YOUR RIGHTS
Access to grandchildren
An application to spend time and communicate with the grandchildren is usually made where the parents are refusing any meaningful relationship between the children and the grandparents. The type of contact likely to be granted by the Court will depend on the individual circumstances of the case, however it is usually less time than is ordered in favour of a parent.
Custody of grandchildren
Applications to obtain parental responsibility for the children and orders for the children to live with you are usually made where both parents are unwilling, unable or lack the capacity to care for the children. An example may be as a result of addiction problems or family violence.
In deciding parenting arrangements, the Court must regard the best interests of the children as the paramount consideration. In determining what is in the best interests of the children, the Court must examine and make findings as to various considerations, including the benefit of the children having a meaningful relationship with both parents and the need to need to protect the children from harm and/or family violence. Unless there are exceptional circumstances, prior to making any application for parenting orders, parties must attempt mediation and must consider entering into a parenting plan.
Having parenting orders can legally give you parental responsibility for the child and the ability to make major long term decisions for their care, welfare and development. The sorts of decision this might include are those about medical treatment and schooling. Sometimes it might be difficult to enrol children in school or get medical procedures carried out if you do not have legal parental responsibility for the child.
Dispute resolution
Going to court should always be the last option as it can be stressful and expensive. Before you do anything you should talk to the parents and try come to an agreement about how and when your grandchildren see or have contact with you.
Not only is it in everyone’s interest to resolve disputes without taking legal action, but the Family Law Act requires people to try family dispute resolution first. Family dispute resolution is where an independent person who is trained to help families discuss their differences tries to help you explore possible solutions with each other. This is also called mediation or conciliation.
If the mediation is successful the agreement about the time you are to spend with your grandchild can be written up in a Parenting Plan or Consent Orders, which can then be lodged with the Court.
Know your grandparent rights.
Get sound advice on your grandchildrens situation so you can legally gain access or custody.
Lawyers with extensive grandparent rights experience.
Meet with lawyers who have successfully grandparents gain access and custody.
- Past Cases
- Good Results
- Happy Clients
