Yes, grandparents can be involved in Family Law Proceedings. The Family Law Act recognizes in section 60B(2)(b) that children have a right to spend time and communicate with, on a regular basis, people significant to their care, welfare, and development, such as grandparents and other relatives.
Section 65C of the Family Law Act also states that proceedings can be initiated by either or both of the child’s parents, the child, a grandparent of the child, or any other person concerned with the care, welfare or development of the child. Therefore, grandparents can be involved in family law proceedings if they believe it is in the best interests of their grandchildren. Some of these situations include:
- Child Custody Disputes: Grandparents can apply for custody or visitation rights if they believe it’s in the best interest of the child. This is covered under Section 65C of the Family Law Act 1975.
- Child Welfare Concerns: If there are concerns about the child’s welfare in their current living situation, grandparents can apply to the court for orders to ensure the child’s safety and wellbeing.
- Parental Separation or Divorce: In cases where parents are separating or divorcing, grandparents can be involved in proceedings to ensure the child’s best interests are met. They can also apply for orders to spend time with or communicate with the child.
However, it is important to note that the Court only considers this to be the case if they are of the view that it is in the best interests of the child.
You should always get advice from the best family lawyers in Sydney. Barker Evans provides expert family law advice, and we are located in the heart of Sydney CBD. We have considerable experience guiding the grandparents of children through Family Law proceedings.
If you want advice from an expert family lawyer, please do not hesitate to contact us for a free 15 minute consultation on (02) 8379 1892 or info@barkerevans.com.au.