One class of people who are often affected by the breakdown of a marriage or a de facto relationship are grandparents.
It is not unusual for some grandparents to have very close and loving relationships with their grandchildren and those relationships can be significantly impacted by the breakdown of the relationship between the children’s parents.
Where the parents stay living in reasonably close proximity to each other and they are able to come to an arrangement for the non-resident parent to spend regular time with the children, the parents of that non-resident parent are usually able to spend time with their grandchildren fairly easily when the children spend time with that parent.
The situations that arise where grandparents have to consider making arrangements to spend time with the grandchildren independently of their own child’s arrangements are:
- Where their own child moves a considerable distance from the place where the children live, so that it is simply not practical or possible for that parent to spend regular time with their children;
- Where there is some breakdown in the relationship between the grandparents and their child, so that the grandparents are unable to arrange to spend time with the grandchildren when they are spending time with their parent;
- Where one parent has some factor that limits the time that they can spend with their children – such as a substance abuse issue, or conditions of an Apprehended Violence Order, or even that they are serving a custodial sentence – and the grandparents want to spend time with their grandchildren in any event.
The Family Law Act recognizes that grandparents may want to seek orders in relation to their grandchildren. Section 65C (ba) specifically provides that grandparents can apply for a parenting order in relation to a child. Of course, just like any other issue that can be resolved by court orders, it is best to consider whether the grandparents can come to an arrangement with the resident parent without commencing litigation, such as by mediation.
If the non-resident parent is spending time with the children on a regular basis, it is very unusual for there to be any arrangements in place for the children to spend separate time with their grandparents. That is because there simply isn’t the time available for the children to do that without cutting down on the time that they spend with their resident parent.
If the grandparents want to spend time with their grandchildren where their child is restricted by distance or some other reason from spending regular time with their children, it is usual for the time that the grandparents are able to negotiate or get pursuant to a court order, to be less frequent than the time that might otherwise take place between the children and their parent. So for example, where the children’s father might be able to spend each alternate weekend with the children if he lived reasonably close to the mother, it is not unusual for the grandparents to end up with an arrangement where they see the children one weekend in four.
Leaving aside that reality, if they have to go to court to spend time with their grandchildren, grandparents generally have a strong case to make. Provided that they saw the grandchildren with some regularity prior to the relationship breakdown, they generally don’t have to work too hard to demonstrate that they have a good relationship with their grandchildren. Most judicial officers don’t have too much trouble accepting that children like to spend time with their grandparents – indeed many judicial officers are grandparents themselves.
If you’re facing challenges with co-parenting arrangements or need assistance with family law matters, Gillard Family Lawyers is here to help. Contact us today for compassionate, expert advice to support your family’s journey.
Written by
Stephen Rugendyke
Special Counsel
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