What are My Rights as a Grandparent in Victoria?
In Australian family law, grandparents do not have an automatic legal right to spend time with grandchildren. The Family Law Act 1975 (Cth) recognises that children may benefit from meaningful relationships with significant people in their lives, including grandparents. Grandparents may apply for parenting orders in the Federal Circuit and Family Court of Australia (FCFCOA) when this promotes the child’s best interests.
From 6 May 2024, reforms to the Family Law Act refined the best-interests framework with a stronger emphasis on safety and the child’s needs. In most cases, these changes apply to all new and existing parenting proceedings from 6 May 2024, except where the final hearing had already begun.
Who Can Apply and What Orders Are Possible
Under section 65C, a parent, the child, a grandparent, or any person concerned with the child’s care, welfare or development may seek parenting orders. Depending on the circumstances, the Court can make orders about:
Time with the child and communication by phone or video
Living arrangements, whether short term or ongoing
Specific issues or decision-making responsibility where appropriate
Any order must promote the child’s safety and overall wellbeing.
Family Dispute Resolution Before Court
In most parenting matters, parties are required to attempt Family Dispute Resolution (FDR) before commencing proceedings, unless an exemption applies such as urgency or risk. If FDR is not suitable, does not proceed, or does not resolve the dispute, an accredited practitioner may issue a section 60I certificate. This certificate is filed with any court application. The Family Relationship Advice Line (1800 050 321) can provide referrals to local services.
Hypothetical Case Study
Margaret and Frank adored their two grandchildren, Ava and Leo. For the first six years of Ava’s life and the first three of Leo’s, Margaret and Frank were a constant, loving presence. They babysat during school holidays, picked the kids up from kindergarten when needed, and hosted Sunday roasts that the children looked forward to all week. Margaret and Frank were a reliable source of love, comfort, and stability.
When their son Josh separated from his partner Emma after a difficult breakup, the shift in family dynamics was significant. Josh moved interstate for work and Emma stopped responding to their texts and calls. They weren’t invited to Ava’s seventh birthday. Leo started prep without them knowing.
Margaret and Frank felt devastated, confused, and unsure whether they had any rights at all. They decided to get legal advice.
Their lawyer explained that, while grandparents don’t have a special category of rights, they are considered an important part of many children's lives, and the Family Law Act supports a child’s continued connection to extended family where that connection is beneficial and safe. Margaret and Frank learned they could apply for parenting orders through the Federal Circuit and Family Court of Australia, seeking time with their grandchildren. But before any court application could be filed, they were required to attempt family dispute resolution (FDR). This is a formal mediation process designed to encourage resolution without litigation.
They spoke with a mediator, who then contacted Emma and invited her to participate. She declined. Her refusal allowed Margaret and Frank to obtain what’s called a section 60I certificate, a document that confirms an attempt at mediation was made, and which is required to be filed with the Court before commencing most proceedings.
With the help of their lawyer, Margaret and Frank filed an application with the Court, requesting fortnightly visits with Ava and Leo and weekly video calls in between. Emma opposed the application, claiming the children were settled and that seeing the grandparents would cause more stress and upheaval. The matter escalated.
The court appointed an Independent Children’s Lawyer (ICL) to represent Ava and Leo’s best interests. A family consultant was engaged to assess the situation and prepare a detailed family report, which included interviews with Emma, Margaret and Frank, observations of the children with their grandparents, and input from the children, where appropriate.
The report was clear: the children had a warm, emotionally secure relationship with Margaret and Frank. They expressed (through words and behaviour) that they missed them. The consultant found no safety concerns and recommended the reintroduction of contact on a gradual, age-appropriate basis.
At the interim hearing, the judge considered all the evidence and reminded both parties that the legal test is not about the rights of the adults, but about what will best serve the children. The Court made orders for Margaret and Frank to spend four hours with the children every second Saturday, building up to full-day fortnightly visits over time, with weekly Zoom calls during the alternate weeks. All parties were directed to use a parenting app to coordinate arrangements and minimise conflict.
It wasn’t a full return to the way things had been, but it was a beginning. It gave the children space to reconnect with two people who had been a source of great love and support in their early lives. And for Margaret and Frank, it restored a sense of purpose, of family, and of hope.
How the Court Assesses Applications
When considering applications by grandparents, the Court may examine:
The history and quality of the child–grandparent relationship
The child’s views, expressed in an age-appropriate manner
Any risk issues, including family violence, neglect, or substance misuse, and available safeguards
Whether the proposed time is likely to support the child’s wellbeing
Practicality, communication, and steps that minimise conflict
These considerations are applied within the current best-interests framework.
Practical Guidance for Grandparents
Keep concise records of attempts to maintain contact and relevant communications.
Propose child-focused arrangements, such as short visits that can increase gradually.
Seek early legal advice to understand pathways, evidence, and interim options.
Prioritise safety. Where risk is raised, ask about supervised time or interim protective measures.
How Allison Rowe Family Lawyers Assist Grandparents
We provide precise, child-focused guidance at each stage of a matter involving grandparents and grandchildren in Victoria.
1) Early assessment and strategy
We clarify goals, confirm standing to apply, identify any safety or urgency issues, and map a practical pathway. We outline likely timeframes and the evidence that will assist the Court.
2) Family Dispute Resolution support
We prepare you for mediation, help refine proposals that are age-appropriate and workable, and liaise with providers. Where mediation is not suitable or does not proceed, we obtain the required section 60I certificate.
3) Applications and evidence
We prepare clear, concise material for the Federal Circuit and Family Court of Australia, including proposed parenting orders, affidavits, and supporting documents. Where appropriate, we seek interim arrangements, supervised contact, or information-sharing to prioritise safety.
4) Expert inputs and reports
Where the Court orders a Family Report under s 62G, we liaise with the Court Children’s Service and its family consultants. We also liaise with any Independent Children’s Lawyer appointed by the Court. Our work focuses on clear, child-centred evidence that helps the Court understand safety, the child’s needs and attachments, and practical arrangements.
5) Resolution and compliance
We aim for durable outcomes through consent orders where possible. If a hearing is required, we present a structured, best-interests case. After orders are made, we assist with practical implementation and variations if circumstances change.
Speak With a Family Lawyer
If contact with your grandchild has changed or stopped, timely advice can make a meaningful difference. Contact Allison Rowe Family Lawyers to discuss your options and the next steps that support the child’s wellbeing.