Can My Grandchild Live With Me?

Can I Visit My Grandchild?

When parents of a child separate and relationships break down, as a grandparent you might be worried about losing contact with your grandchild. Did you know you can apply for your grandchild to live with you or spend time with you?

The Family Law Act 1975 recognizes the important role grandparents have in a child’s life.

Process
Before applying to Court, parties (including grandparents) are generally required to attempt Family Dispute Resolution/mediation, unless an exemption applies (e.g., urgency, family violence). If this is unsuccessful or inappropriate, grandparents may file an application in the Federal Circuit and Family Court of Australia for a parenting order.

The most important question the Courts asks is what is best for the child? The Court will consider:

• The nature of the child’s relationship with the grandparent;
• The benefit to the child of having a meaningful relationship with the grandparent;
• Any risk of harm to the child;
• The child’s views (depending on age and maturity);
• The capacity of the grandparent to provide for the child’s needs; and
• The likely effect of any changes in the child’s circumstances.

Outcomes
There are some cases where grandparents can be given full-time care of a child. This may happen when:

• A parent has passed away;
• A parent is unable to care for the child due to mental health issues, addiction or incarceration;
• The child has been exposed to family violence or neglect; or
• The Department of Communities and Justice (child protection services) is involved.

If a grandparent is not successful in obtaining an order for their grandchild to live with them, they may still be granted regular time with their grandchild.

It is important to note that grandparents do not have an automatic right to have a child live with them or spend time with them. The child’s best interests are always paramount, and the court will balance the benefit of the relationship with any other relevant factors, including the wishes of the parents and the child.

If parents object to grandparents’ involvement, the court will carefully consider the reasons, especially if there are allegations of harm or family violence.

The court will consider the practicalities of any proposed arrangement, including the grandparent’s capacity to care for the child.

Applying for your grandchild to live with you is a serious matter and requires evidence and a clear plan for the child’s care. If you want to find out more in relation to your rights as a grandparent, contact one of our Family Law Solicitors at Solari & Stock Lawyers.

Reach out to our Sutherland Shire Family Law Team on 8525 2700, click here to request an appointment, or simply click on the Book Now button below. Our experienced Family Law Solicitors include Riccarda Stock, Nicole Quirk, Shweta Kumar, and Nikita Ward.

Article by Shweta Kumar
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