Sayer Jones
Sayer Jones
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Third Party Parenting – Grandparents.

Parents are not the only people who may seek parenting orders in relation to a child. The Family Law Act expressly recognises grandparents, together with other people concerned with the care, welfare or development of a child, as persons who may apply for parenting orders.

The ability to seek third party parenting orders is not limited to grandparents. Other relatives, including adult siblings, aunts, uncles and other extended family members, as well as step-parents and, in appropriate circumstances, non-family members, may apply for parenting orders where they are a person concerned with the care, welfare or development of the child. This can be particularly relevant where that person has played a significant caregiving or parental role in the child’s life, or where circumstances arise in which neither parent is able to provide appropriate care.

Grandparents

There is no automatic right for a grandparent to spend time with or care for a grandchild. As with all parenting matters, the best interests of the child remain the paramount consideration.

Grandparents may become involved in Family Law proceedings in a variety of circumstances, including where:

  1. They have historically played a significant role in the child’s life and that relationship has been restricted or ceased;

  2. They have provided substantial or regular care for the child;

  3. A parent has died, become seriously unwell or is otherwise unable to care for the child;

  4. There are concerns about a parent’s capacity to safely care for the child, including because of family violence, substance abuse or other risk issues;

  5. The child has been living with a grandparent and orders are required to formalise those arrangements;

  6. A grandparent seeks to preserve the child’s relationship with their extended family.

Depending upon the circumstances, a grandparent may seek orders for a child to live with them, spend time or communicate with them, or for the grandparent to have responsibility for making particular decisions concerning the child.

In determining such applications, the Court may consider:

  1. The nature and history of the relationship between the child and grandparent;

  2. The benefit to the child of maintaining important relationships with grandparents and extended family;

  3. The child’s safety and any history or risk of family violence, abuse or neglect;

  4. The capacity of the grandparent to meet the child’s developmental, psychological, emotional and cultural needs;

  5. The child’s views, having regard to their age and maturity;

  6. The effect of the proposed orders upon the child and their existing family relationships;

  7. The reasons the relationship has been interrupted or why the grandparent is seeking a greater parenting role.

Grandparent parenting disputes are highly fact specific. The focus is not upon the rights or wishes of the adults, but upon whether the orders proposed will promote the particular child’s best interests.

Sayer Jones have experience representing grandparents, parents and other family members in third-party parenting disputes, ranging from applications to preserve a meaningful grandparent relationship through to matters where grandparents seek primary care of a child.