CHILD ISSUES AND PARENTING
GRANDPARENTS - CAN I SEE MY GRANDCHILD

 

Grandparent Applying to the Court for a Court Order

 

If an Application is made to the Court for an Order for a Child to communicate with, or spend time with their Grandparent, the primary consideration for the Court is what is in the best interests of the child.

Grandparents can seek an order to:

  • Spend time with their Grandchild;

  • Be able to telephone their Grandchild and speak with them;

  • Have indirect contact with their Grandchild by being able to send letters, emails, gifts, birthday and christmas cards, sms text messages etc. 

 As well as other issues, the court will consider:

  • The connection between the Child and the Grandparent(s).

  • The nature of the relationship between the Child and their Grandparent(s).

  • The likely effect of any changes in the Child’s circumstances, including the likely effect on the Child of any separation from a Grandparent.

  • Whether the Grandparent’s Application to spend time with the child might potentially be harmful to the Child’s well-being.

  • The capacity of the Grandparent(s) to provide for the needs of the Child, including emotional and intellectual needs.

The Court usually recognises that Grandparents play an invaluable role in the lives of their Grandchildren. 

On that basis, unless there is evidence of abuse or violence, it is rare that a Court would not make an Order for a Child to spend time with their Grandparent. 

The Court will usually be looking to see whether the relationship between the Child and their Grandparent is meaningful, on-going and is of significant benefit to the Child’s life. 

 

 

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Content By:
Michelle Beatty
MRB LAW

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