Maintaining the special bond of a grandparent and grandchild

A grandparent and a grandchild share a very special bond. It is a bond that one cannot explain. However, it can be quite devastating when a grandparent is not able to see their grandchild or spend time with them.

As a grandparent there are steps you can take if you are in such a situation. The law recognizes the importance of a child having a relationship with a grandparent even after the child’s parents have separated. Grandparents don’t have an automatic right to see their grandchildren. However, the Family Law Act 1975 recognises that, as long as it is in their best interests, a child has the right to spend time and communicate with their parents, and other people important to them, such as grandparents, relatives and members of extended families.

On most occasions, parties can come to an agreement about the child’s living arrangements when they separate. These agreements can be reflected in a parenting plan or consent orders. Sometimes, grandparents are still able to spend the same level of time with their grandchildren after the parties separate. However, if you are concerned that you may not be able to see your grandchild now that the parties have separated, you can talk to the parents and ask to be included in any agreement that they reach to allow you some time with your grandchild.

What happens if the parties don’t agree? There are several options.

Mediation

Before making an application to the Court, you will need to make a genuine attempt at trying to resolve the matter with the other party. You can do this by attending mediation. Mediation is a negotiation process in which an independent person, known as a mediator or a family dispute resolution practitioner, assists the parties to identify and assess options and negotiate an agreement to resolve their dispute. If an agreement is reached, this can be formalized by way of consent orders and lodged with the Court.

Going to Court

If mediation and negotiations are unsuccessful, then you can make an Application to the Court. You will need to prove to the Court why it is in the best interests of the child to see their grandparent. It will be up to the court to decide what is in the best interests of the child and what will happen.

If the matter goes to Court, you will need to file certain documents in support of your case which sets out your side of the case and the orders that you are seeking. The Court will then consider all of the material and sometimes the matter will go to hearing. After reading and listening to all of the evidence, the Court will make parenting orders. Parenting orders can cover any of the following:

• where a child lives
• who they spend time with
• who has parental responsibility for a child
• what communication a child is to have with other people, including by telephone or email, and
• any other aspect of a child’s care, welfare and development.

Are you concerned about your grandchild?

If at any stage, you are concerned about the safety of your grandchild or think that your grandchild is at some form of risk, then you may seek to intervene. You may seek for your grandchild to live with you on a full-time basis. Such situations arise if a person has concerns that the child is being subjected to

• physical or sexual abuse;
• neglect;
• substance abuse by the parent;
• a mental health issue;
• harm; or
• lack of proper care in food, clothing, etc.

Before taking any of the above steps, you should get legal advice.

Article written by Shweta Kumar
Photo by Vidar Nordli-Mathisen on Unsplash