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Legal > Family Law & Relationships Law

Grandparent Custody:

Overview FAQs Articles Locations

Where there is a break down in a relationship and you are a grandparent, you do have rights in relation to the custody of the children involved. You are an interested party and have the right to spend time with your grandchildren. You can apply to the court for a Parenting Order in relation to gaining access to your grandchildren. An application can be made if a parent is refusing to allow you access to your grandchildren. Our Family Lawyers can assist and advise you in making an application.

A common instance where grandparents make an application is where the parents will not allow the grandparents to spend time with the children. Another instance where an application may be made is, for example, where the parents are mentally unfit to take care of the children and it is in the best interests of the child to stay with his or her grandparents. There are a number of factors that must be considered by the Court, when a grandparent makes an Application in respect of children of a marriage. You should seek independent legal advice. Our solicitors at Navado Lawyers & Solicitors are experienced in representing grandparents in Family Court proceedings, with seeking orders or access to their grandchildren.

When assessing a case for grandparent custody, the court will consider the best interests of the child as the paramount consideration. Factors that the court may take into consideration when determining the best interests of the child may include:

  • Any history of domestic violence;
  • Whether grandparent custody would prevent the child or children having a meaningful relationship with the parents;
  • The effect of schooling and social activities; and/or
  • Other relevant matters.

There have been a number of reported cases where grandparents have managed to obtain custody for children in competition with parents of the children. One such case was Rice v Miller (1993) FLC 92-415. This case shows the Court’s openness to consider applications from parties who are not parents of the child to obtain custody. As mentioned before, the Court’s number one concern is that the best interests of the child. To make an appointment, please contact us by telephone on (02) 9233 4048 or send an email to info@navado.com.au. To view a complete list of our office locations, please peruse our "Locations" tab.

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This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.

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If you require assistance with a Family matter, you should make an appointment to see one of our Lawyers in one of the following locations:

  • Sydney
  • Parramatta
  • Chatswood
  • Hurstville

Our Locations

  • Family Lawyer Sydney
  • De Facto Lawyer Sydney
  • Relationships Lawyer Sydney
  • Divorce Lawyer Sydney
  • Family Lawyer Parramatta
  • De Facto Lawyer Parramatta
  • Relationships Lawyer Parramatta
  • Divorce Lawyer Parramatta
  • Family Lawyer North Sydney
  • De Facto Lawyer North Sydney
  • Relationships Lawyer North Sydney
  • Divorce Lawyer North Sydney
  • Family Lawyer Hurstville
  • De Facto Lawyer Hurstville
  • Relationships Lawyer Hurstville
  • Divorce Lawyer Hurstville
  • Family Lawyer Liverpool
  • De Facto Lawyer Liverpool
  • Relationships Lawyer Liverpool
  • Divorce Lawyer Liverpool
  • Family Lawyer Gordon
  • De Facto Lawyer Gordon
  • Relationships Lawyer Gordon
  • Divorce Lawyer Gordon
  • Family Lawyer Baulkham Hills
  • De Facto Lawyer Baulkham Hills
  • Relationships Lawyer Baulkham Hills
  • Divorce Lawyer Baulkham Hills
  • Family Lawyer Campbelltown
  • De Facto Lawyer Campbelltown
  • Relationships Lawyer Campbelltown
  • Divorce Lawyer Campbelltown
  • Family Lawyer Bondi Junction
  • De Facto Lawyer Bondi Junction
  • Relationships Lawyer Bondi Junction
  • Divorce Lawyer Bondi Junction
  • Family Lawyer Chatswood
  • De Facto Lawyer Chatswood
  • Relationships Lawyer Chatswood
  • Divorce Lawyer Chatswood
  • Family Lawyer Miranda
  • De Facto Lawyer Miranda
  • Relationships Lawyer Miranda
  • Divorce Lawyer Miranda
  • Family Lawyer Bella Vista
  • De Facto Lawyer Bella Vista
  • Relationships Lawyer Bella Vista
  • Divorce Lawyer Bella Vista
  • Family Lawyer Erina
  • De Facto Lawyer Erina
  • Relationships Lawyer Erina
  • Divorce Lawyer Erina
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