Parental and Grandparents’ Rights

Under the Family Law Act 1975, the central consideration in any matter involving children is their best interests. The law recognises that children have the right to know and be cared for by their parents, and to maintain relationships with others significant to their care, which can include grandparents and extended family.

Parents’ rights and responsibilities

Parents share duties for their children whether or not they are together. We help you understand parental responsibility, your role in major decisions, and how to maintain a meaningful relationship with your children through parenting plans and orders after separation.

Grandparents’ rights

Grandparents often play an essential role in a child’s life. Where contact has been lost or restricted, grandparents may apply for orders to spend time with their grandchildren. We advise on the prospects and the process, always keeping the child’s best interests in focus.

A few principles guide these matters:

• Best interests first: the child’s welfare guides the decision rather than the wishes of adults alone.
• Agreement encouraged: the law encourages families to reach their own arrangements where it is safe and suitable to do so.
• Who can apply: parents, grandparents and others concerned with a child’s care may apply for parenting orders where agreement cannot be reached.