Grandparent Visitation Rights in Australia

When parents separate, grandparents often find themselves shut out — not by the law, but by the conflict between their adult children. A parent who is angry at their ex may cut contact with the ex's parents entirely, and the grandchildren lose a relationship that was stable, loving, and developmentally important.

Australian family law recognises this problem and provides a pathway for grandparents to seek court-ordered time with their grandchildren.

The Legal Framework

The Family Law Act 1975 does not limit parenting applications to biological parents. Section 65C allows any "person concerned with the care, welfare or development of the child" to apply for parenting orders. Grandparents clearly fall within this category, and courts regularly make orders granting grandparents time with grandchildren.

The court applies the same Section 60CC best interests framework to grandparent applications as it does to parental disputes. The key factor for grandparents is Section 60CC's recognition that the benefit of maintaining safe, meaningful relationships with extended family — including grandparents — is relevant to the child's best interests.

What Grandparents Can Apply For

Grandparents can seek orders for:

• Spending time with the child — regular visits, overnight stays, or school holiday blocks
• Communicating with the child — phone calls, video calls, letters
• In rare circumstances, living arrangements — where the child lives primarily with the grandparent, typically when both parents are unable to care for the child

The most common application is for spending time orders — a regular schedule of contact that the parents must facilitate.

The Process

Step 1: Attempt Family Dispute Resolution

Like parents, grandparents must attempt FDR before filing a court application (unless an exemption applies). This means attending mediation with the parent who is restricting contact. In Canberra, the Conflict Resolution Service, Family Relationship Centres, and private FDR practitioners all accept referrals from grandparents.

Step 2: File an Application

If FDR does not resolve the dispute, the grandparent files an Initiating Application at the FCFCOA seeking parenting orders. The application must include a Section 60I certificate from the FDR attempt.

Step 3: Court Assessment

The court will consider:

• The nature and quality of the existing relationship between the grandparent and child
• The child's wishes (weighted by age and maturity)
• The impact on the child of having — or losing — the grandparent relationship
• Any safety concerns
• The practical arrangements for contact (distance, transport, the grandparent's capacity to provide care)

Practical Realities

Grandparent applications face two common obstacles:

The parent's opposition. A parent may argue that grandparent contact exposes the child to conflict, undermines their authority, or is simply unwanted. The court must weigh this against the child's independent interest in maintaining the relationship. Courts consistently hold that a parent's personal animosity toward their former in-laws is not, by itself, a sufficient reason to deny a grandchild contact with loving grandparents.

Cost and emotional strain. Court proceedings are expensive and stressful for everyone, including the child. Before filing, consider whether a carefully worded letter from a lawyer — or a mediation session — might achieve the same result without litigation. Many parents agree to grandparent contact when they understand that the alternative is a court application that examines their parenting decisions under judicial scrutiny.

What Grandparents Should Not Do

• Do not criticise the parents in front of the child. Courts pay close attention to whether a grandparent is likely to undermine the parent-child relationship.
• Do not use social media to pressure the parent. Public posts about being denied access may feel satisfying but can be presented as evidence of boundary violations.
• Do not withhold the child during a visit. If you have court-ordered time and keep the child past the designated return time, you risk a contravention finding.

For grandparents in the ACT navigating this process alongside a broader custody dispute, the ACT Child Custody & Parenting Plan Guide explains how grandparent applications fit within the FCFCOA system.

See more Australian Capital Territory guides →