A grandparent has the right to make an application for a Parenting Order with respect to a grandchild under the Family Law Act. Examples of such Parenting Orders include an Order that a child live with or spend time with a grandparent.
The Court must have regard to the best interest of the child when making a Parenting Order. A grandparent often applies for an Order that a grandchild spend time with them when their child, being the mother or father of the grandchild, is not in contact with the grandchild. As a result, the grandparent is often not able to see the children because the parent is not seeing the child. In addition, the other parent may be unwilling to facilitate time between the grandparent and the grandchild. In these circumstances a grandparent may apply for an Order that the grandchild spend regular time with him or her.
In other cases it may not be in the best interests of the child to live with either of the parents. Alternatively, it may not be possible for the grandchild to live with either parent, for example, in circumstances where both parents are deceased. In these circumstances, a grandparent may apply for an Order that a grandchild live with him or her and a Court may make a Parenting Order to that effect.