A grandparent who wants to spend time with their grandchildren can apply to the court under the Family Law Act for orders that their grandchildren live with or spend time with them.

It is important for a child to have a relationship with their grandparents, but whether or not orders are made that grandparents spend time with their grandchild depends on what is in the child’s best interests. Although a grandparent has the right to apply for parenting orders, the court will not automatically make an order in their favour.

Separated parents can agree about who their children will live with, spend time with and communicate with, and other aspects of their children’s lives. This can be done by a grandparent asking parents to include them in a parenting plan or consent orders filed with the Federal Circuit and Family Court.

If you and the parents cannot agree on when your grandchildren will communicate with you or what time they will spend with you, you can apply to the court for parenting orders about your grandchildren. Parenting orders can deal with the following:

1. who has parental responsibility for the child;
2. where the child lives;
3. who they spend time with;
4. what communication they have with grandparents; and
5. any other aspect of the child’s care, welfare and development.

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