What the Law Says About Withholding Grandchildren From Grandparents in Australia

Grandparents often play an invaluable role in the lives of their grandchildren, providing love, support, and a sense of family connection. However, in situations of family breakdown or disputes, some grandparents find themselves unexpectedly cut off from their grandchildren. This raises important questions: what does the law say about withholding grandchildren from grandparents in Australia? Do grandparents have any legal rights to maintain contact with their grandchildren?

In this blog, we’ll explore the legal framework in Australia, with a focus on Queensland, and provide guidance for grandparents navigating these challenging circumstances.

 

Grandparents’ Rights Under the Family Law Act 1975

In Australia, the Family Law Act 1975 (Cth) acknowledges the significance of the relationship between children and their grandparents. However, the focus of the law is always on the best interests of the child, not the rights of the grandparents or parents.

Under the Act, children have a right to maintain a meaningful relationship with their grandparents if it is deemed in their best interests. This means that while grandparents do not have an automatic right to contact or visitation, they can apply to the Federal Circuit and Family Court of Australia (FCFCOA) to seek orders for time spent with their grandchildren.

 

What Does the Court Consider?

If a grandparent applies to the Court to seek access to their grandchildren, the Court’s primary concern will always be the best interests of the child. When determining whether time with grandparents is appropriate, the Court will consider several factors, including:

1. The Existing Relationship


The Court will assess the current relationship between the grandparents and the grandchildren.

For example:

  • Was there regular contact prior to the family dispute?
  • What role have the grandparents played in the child’s life so far?

2. The Impact on the Child


The Court will evaluate the likely effect on the child of being withheld from their grandparents versus spending time with them. Any emotional, developmental, or social benefits or risks will be carefully weighed.

3. Family Dynamics


The broader family context is crucial. The Court will assess whether contact with the grandparents will expose the child to family conflict or tension, which could negatively affect their well-being.

4. The Child’s Views


If the child is old enough and mature enough to express their wishes, the Court will consider these views. However, the weight given to the child’s opinion will depend on their age and maturity.

5. Parental Wishes and Circumstances


While parents do not have the right to unilaterally sever the relationship between grandparents and grandchildren, the Court will consider the parents’ reasoning. For instance:

  • Are the parents withholding access due to legitimate concerns, such as safety or past conflicts?
  • Is there evidence of abuse, neglect, or other risks associated with the grandparents?

6. The Child’s Best Interests


Ultimately, the Court’s decision will hinge on what it believes will best promote the child’s safety, welfare, and development. This may include maintaining relationships that provide stability and emotional support.

 

Can a Parent Legally Withhold Grandchildren From Grandparents in Australia?

While parents have significant decision-making authority over their children, they do not have an unrestricted right to withhold grandchildren from their grandparents in Australia. If a grandparent is excluded from the child’s life without valid justification, they have the option to seek recourse through the Court.

However, there are scenarios where withholding access may be considered justifiable, such as cases involving:

  • Family violence or abuse.
  • Excessive conflict or toxic relationships that could harm the child’s emotional well-being.
  • Situations where the grandparent’s involvement is not in the child’s best interests.

 

Steps Grandparents Can Take If Access Is Denied

If you are a grandparent facing restricted or denied access to your grandchildren, here are some steps you can take to address the situation:

1. Open Communication


Attempt to resolve the matter amicably with the child’s parents. Open, respectful communication may help ease tensions and lead to a mutually agreeable solution.

2. Seek Mediation


Mediation is a less confrontational and cost-effective alternative to Court proceedings. Accredited mediators can facilitate discussions between you and the child’s parents to help resolve disputes.

3. Apply to the Court


If communication and mediation fail, you can apply to the FCFCOA for a parenting order. This order can formalise your rights to spend time with your grandchildren. Be prepared to provide evidence that maintaining a relationship is in the child’s best interests.

4. Consult a Family Lawyer


Navigating the legal process can be complex. Engaging an experienced family lawyer will ensure you understand your rights, obligations, and the best course of action based on your unique circumstances.

 

Practical Tips for Maintaining a Relationship

Even if legal action isn’t your preferred route, there are practical ways to foster a connection with your grandchildren:

  • Utilise Technology: If physical access is restricted or difficult, reach out to see if video calls, messages, or letters would be a suitable way to stay connected.
  • Respect Parental Boundaries: Avoid escalating conflicts with the child’s parents, as this could harm your case or strain relationships further.
  • Document Contact Attempts: Keep a record of your efforts to maintain contact, as this may be valuable in future legal proceedings.

 

What the Law Says About Withholding Grandchildren From Grandparents in Australia in 2025

The Family Law Act 1975 (Cth) underscores the importance of grandparents in a child’s life but prioritises the child’s best interests above all else. Grandparents do not have automatic visitation rights but can take steps to seek access to their grandchildren. In instances where parents are withholding grandchildren from grandparents in Australia, the Court evaluates the circumstances with a focus on the child’s welfare, aiming to ensure they are not deprived of important family connections.

Navigating these disputes can be emotionally taxing and legally complex. At Pullos Lawyers, we understand the delicate balance required in these situations and are here to provide expert guidance. Our experienced team of family lawyers can assist with dispute resolution and mediation, and Court applications to ensure the best outcome for you and your grandchildren.

If you’re facing challenges with access to your grandchildren, contact Pullos Lawyers today. We also offer a range of services in family law, including property settlements, child support matters, and divorce proceedings. Let us help you protect your rights and the relationships that matter most.

Call us on (07) 5526 3646 or visit our contact page to schedule a consultation.