If you are a grandparent who is being denied contact with your grandchildren, it can be a heartbreaking and confusing experience. Many grandparents find themselves in this situation due to strained relationships between the adults involved. Prior to the recent changes to the Family Law Act, children were recognized as having a right to maintain relationships with their parents, grandparents, and other extended family members.
However, with the amendments to the Family Law Act on 6 May 2024, the wording has shifted. The new language focuses on whether it is in the child’s “benefit” to have a relationship with certain individuals, including parents and others significant to the child, such as grandparents. This change in language reflects an approach that is more child-centered, assessing the best interests of the child in each case.
Despite these legislative changes, it is unlikely that the outcome of applications made by grandparents to spend time with their grandchildren will be significantly affected. The legal process for grandparents seeking time with their grandchildren remains the same. The first step is always to attempt to reach an agreement by requesting time with the grandchildren directly. If this request is unsuccessful, the next step is mediation, where a neutral third party will try to facilitate an agreement between the parties.
If mediation does not result in a satisfactory outcome, the final step is to make an application to the family law courts for a decision. The court will consider whether having a relationship with the grandparent is in the best interests of the child. Factors such as the child’s safety, welfare, and emotional wellbeing will be weighed heavily in the court’s decision.
If you are a grandparent in this situation, it is essential to seek legal advice to understand your rights and the best course of action. At Freedom Family Law, we offer expert guidance and can assist you in navigating this complex process. Contact us on 07 5409 8000 for a free initial consultation.