Grandparents in parenting cases: the child’s best interests come first
Grandparents can be a steady and important part of a child’s life. They may offer love plus a sense of identity and connection to extended family. What happens to a child's pre-existing relationship with their grandparents - and the status of grandparents' rights under Australian family law - is an issue affecting many families when a separation and divorce occurs.
In parenting cases, the issue is addressed by considering not whether a grandparent has a right to see their grand child, but what specific care arrangements meet the individual child’s needs and best interests. Below we explain the law applying to grandparents, and the outcomes of recent cases involving grandparents decided by the Federal Circuit and Family Court of Australia.
The status of grandparents
A grandparent may apply for parenting orders about a child from the Federal Circuit and Family Court of Australia, if they are 'a significant other caregiver' as defined in the Family Law Act 1975 (Cth). This means that some pre-existing and positive relationship between the child and grandparent is a must-have, for a grandparent to make out a case to see their grandchild.
An application by a grandparent does not guarantee the Court will grant visits or communication for them with the child, however. As in all parenting applications, the Court’s paramount consideration when deciding applications about children is by assessing what is in the child’s best interests. Unpacking this, the Court must consider the child's safety, the nature of the child's relationships with their parents and other significant carers, the child’s views and needs and connection to their cultural background.
Practically, the child's relationship with each of their parents will usually be prioritised by the Court. Unless it is not appropriate or safe to do so, grandparents can spend time with their grandchild at times their own child is the parent providing care for the grandchild. In other instances, the Court may make orders for discrete and separate times for a child to visit or communicate with their grandparents.
Recent cases involving grandparents before the Court
As the assessment of best interests varies from one child to another, the outcome of an application from a grandparent to spend time with a grandchild will depend on the specific child’s circumstances.
In Reis & Silvester [2025] FedCFamC2F 1147, the Court recognised the value of a child’s connection with her paternal family, confirming the view that maintaining a relationship with grandparents is desirable “as long as it’s safe”. To ensure safety in this case, the Court ordered professionally supervised visits for the child with the father and paternal grandmother, every second month. The Court found that supervised time would manage the risks related to safety, while serving the child’s interests in maintaining those relationships and cultural connections to their paternal family.
A close relationship alone may not be enough to obtain the parenting orders for the grandparents.
In Nalder & Cato & Nalder [2024] FedCFamC2F 721, the paternal grandparents sought regular time with their grandchildren. The Court found a significant rupture in the children's relationships with their paternal grandparents and considered the children’s resistance, the grandparents’ hostility toward their mother, and the risks to the children. It ordered no time or communication be permitted, but allowed the grandparents to send suitable letters, cards, and gifts. The decision illustrates that a child’s relationship with grandparents must be carefully and wholistically assessed, alongside safety and the child’s actual experience of the grandparent-grandchild relationship.
A grandparent’s conduct can also affect whether contact is safe. In Harcourt & Corrington [2025] FedCFamC2F 825, the Court found that a paternal grandfather, aware of family violence by the father, helped the father to retain the children in breach of their pre-existing care arrangement. The case shows that the Court considers how adults behave around conflict and whether grandparents can remain 'child-focussed' in their actions, not just the love and affection they express for a child.
Grandparents may also be determined to be a primary carer for a child. This can occur where the child's parents are unavailable due to death or absence to care for the child, or if the parents lack the capacity to parent the child. In Bain & Bain (No 2) [2025] FedCFamC2F 1326, the Court considered the stability provided by the paternal grandparents remaining the child's primary carer as a positive factor supporting the child's best interests, as it also enabled the child to build her relationship with her mother and maternal family.
These decisions point to a practical principle: a child’s relationship with grandparents can matter deeply, but the Court considers it through the child’s welfare, safety, and individual needs. Depending on the evidence and the circumstances, the Court may order regular, supervised or indirect contact, or no contact between a grandparent and grandchild at all. The focus remains on what supports the child—not on an adult’s entitlement.
Each case outcome varies due to its specific facts and circumstances. Whether you are a parent or a grandparent, Parker Coles Curtis can provide expert, bespoke advice to parents and carers of children. Targeted advice tailored to your situation can enable you to understand your legal position and make informed decisions about your situation. Get in touch for a 15-minute, no obligation and no-cost introductory chat with one of our expert team.