What to Do if Your Grandchildren Are Being Withheld From You

It can be heartbreaking for grandparents to be cut off from their grandchildren, especially when there’s been a strong bond. While parents have primary responsibility for deciding who their children spend time with, Australian family law recognises that children can benefit from maintaining relationships with extended family, including grandparents. If you’re being denied contact, there are steps you can take.

Before turning to legal action, there are a few things you can try:

Talk to the parents
If it is possible, have an open and respectful conversation with the parents. Misunderstandings or family tension might be resolved without further conflict.

Attempt mediation
If direct communication isn’t effective or is too difficult, consider family dispute resolution. Mediation allows everyone to discuss their concerns in a neutral setting and reach an agreement that supports the child’s best interests.

Seek legal advice
A family lawyer can help you understand your rights, guide you through your options, and let you know what to expect if you need to take the matter to court.

If you can’t reach an agreement through mediation, you may be able to apply to the Family Court under the Family Law Act 1975.

• The law does not give grandparents automatic rights, but it does recognise that children have a right to maintain meaningful relationships with significant people in their lives, including grandparents.
• When making a decision, the court will consider whether contact with you is in the child’s best interests.
• You may apply for a parenting order that grants time with your grandchild or even decision-making responsibilities in some circumstances.

The court will look at:

• The existing relationship between you and your grandchild
• Any risks of harm or conflict
• The parents views
• How the proposed contact will benefit the child

Being separated from your grandchildren is incredibly difficult, but you are not without options. Whether through open communication, mediation, or legal avenues, there are ways to seek time with your grandchild. Keep in mind that the court’s focus is always on what’s best for the child, and maintaining loving family connections is often a key part of that.

For more family law advice like this, feel free to reach out to Genuine Legal for a consultation. Call us on (07) 2102 0641 if you need our assistance.