Grand Parents and Family Law Matters
The Family Law Act includes provisions that children have the right to spend time on a regular basis with, and communicate on a regular basis with, both their parents and other people significant to their care, welfare and development including grandparents. The Court is required to consider when determining what is in the best interests of the child subject to proceedings, the right of the child to spend time with their grandparents. In addition, when making certain orders concerning what is in the child’s best interests the court must consider:
- Other persons including any grandparent;
- The likely effect of any changes in the child’s circumstances, including the likely effect on the child of any separation from any grandparent with whom they have been living; and
- The capacity of any other person, including any grandparent, to provide for the needs of the child, including emotional and intellectual needs.