Grandparent rights Australia 2026 — what grandparents can apply for, how the court approaches it, and what it costs

At a glance — grandparent rights in Australia 2026

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What rights do grandparents have under Australian family law 2026?

Grandparents in Australia do not have automatic legal rights to time with their grandchildren, but they do have explicit legal standing to apply for parenting orders under section 65C of the Family Law Act 1975 (Cth). Section 60B(2)(b) of the Family Law Act specifically references the importance of children's relationships with grandparents and other relatives as part of the parenting framework. The court considers any application by a grandparent against the same best-interests-of-the-child framework that applies to parental applications — section 60CA (paramount consideration) and section 60CC (primary and additional considerations) — without any presumption for or against the grandparent's involvement. Grandparents can apply for "spends time with" orders (regular contact with grandchildren), "lives with" orders (primary care, in some circumstances), specific issues orders (e.g. religious upbringing, schooling), or interim/urgent orders where required. For most grandparent applications, Family Dispute Resolution under section 60I is required before court proceedings. Court filing fees range from $435-$585 in 2026 depending on the application type. Typical costs $8,000-$80,000+ depending on contest and complexity. At Fogarty Oliver Rothschild, grandparent matters are handled with the same care and senior-lawyer service as parent applications. This guide is for grandparents considering applying for orders about their grandchildren.

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What is section 65C and what does it mean for grandparents?

Section 65C of the Family Law Act 1975 sets out who can apply for parenting orders.

Who has standing under section 65C:

The following can apply for parenting orders:

• Either parent of the child
• The child themselves
• A grandparent of the child
• Any other person concerned with the care, welfare, or development of the child

Grandparents are specifically named in section 65C(ba), giving them clear and unambiguous legal standing to apply.

The "any other person" provision:

The "any other person concerned with the care, welfare or development of the child" provision under section 65C(c) is broader — it can cover aunts, uncles, step-parents, foster carers, and others who have a substantive relationship with the child.

Section 60B(2)(b):

Section 60B of the Family Law Act sets out the objects of Part VII (children's matters). Section 60B(2)(b) specifically references the principle that "children have a 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 and other relatives)."

This is a principle that the court considers, but it's not a presumption. The court still applies the best interests framework under section 60CA and section 60CC.

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What orders can grandparents apply for?

"Spends time with" orders:

The most common grandparent application. Regular time with grandchildren — typically weekend visits, holiday time, special occasions.

Examples of common arrangements:

• Every second Sunday afternoon
• One weekend per month
• One week during school holidays
• Specific occasions (birthdays, religious holidays, family events)

"Communicates with" orders:

Where in-person time isn't practical (distance, parental restrictions), communication orders provide for phone, video, written communication.

"Lives with" orders:

Less common but available. Grandparents can apply for the child to live with them in circumstances such as:

• Parental incapacity (mental health, addiction, illness)
• Parental absence (incarceration, abandonment)
• Death of parent(s)
• Child protection concerns
• Where the grandparent has been the de facto primary carer

Specific issues orders:

For particular matters — religious upbringing, schooling choices, healthcare decisions, cultural matters. Often arise where grandparent and parent have different views about specific aspects of upbringing.

Interim/urgent orders:

Where immediate protection or arrangements are needed. Particularly relevant in cases involving:

• Child safety concerns
• Sudden parental crisis (death, incapacity)
• Abduction or unauthorised removal
• Urgent medical decisions

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How does the court decide grandparent applications?

The court applies the same best interests framework as for any parenting application — section 60CA (paramount consideration) and section 60CC (primary and additional considerations).

Section 60CC primary considerations:

• The benefit to the child of having a meaningful relationship with both parents
• The need to protect the child from harm

For grandparent applications, the "meaningful relationship with both parents" consideration is balanced against the value of the grandparent relationship under section 60B(2)(b).

Section 60CC additional considerations relevant to grandparents:

• The child's views (weight depending on age and maturity)
• The nature of the child's relationship with each parent AND with relatives including grandparents
• The capacity of each parent and grandparent to provide for the child's needs
• The history of involvement and care
• Family violence considerations
• The likely effect of changes in circumstances

No starting presumption:

Unlike the previous "equal shared parental responsibility presumption" (removed by the Family Law Amendment Act 2023), there's no presumption about grandparent involvement. The court considers each case on its specific facts.

What typically supports a grandparent application:

• Substantial existing relationship between grandparent and child
• The grandparent has been involved in the child's care
• The parents' position is unreasonable or contrary to the child's best interests
• The arrangements sought are reasonable and don't substantially disrupt the parent-child relationship
• The grandparent has appropriate capacity (health, accommodation, financial)

What typically counters a grandparent application:

• No significant pre-existing relationship
• Substantial conflict between grandparent and parent that affects the child
• Grandparent's behaviour or values affecting child welfare
• Grandparent's incapacity (health, accommodation)
• The application is part of a broader family dispute targeting the parent rather than focused on the child's interests

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What's the most common scenario — denied access after parental separation?

The most common grandparent application is denied access following parental separation.

Typical pattern:

• Parents separate
• One parent (often the mother) becomes the primary carer
• The grandparents of the other parent (often paternal grandparents) lose access
• Grandparents had substantial pre-separation relationship with grandchildren
• Grandparents apply for time orders

Court approach:

The court considers:

• Whether the grandparents had a substantial pre-separation relationship
• Whether the denial of access is reasonable in the circumstances
• Whether the primary carer's concerns about grandparent contact have merit
• The child's best interests in maintaining the relationship

Common outcomes:

• Where pre-separation relationship was substantial and the denial unreasonable, orders for some regular time often made
• Time may be supervised initially if there are specific concerns
• Time often increases over time as arrangements stabilise
• Communication orders alongside time orders typical

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What if the parent's behaviour is the issue?

Some grandparent applications involve concerns about the parent's behaviour — mental health, substance use, neglect, or other welfare concerns.

The procedural pathway:

• Grandparents can apply directly to the Federal Circuit and Family Court under section 65C
• Concurrent child protection involvement (Department of Families, Fairness and Housing in Victoria) may apply
• The court considers whether the grandparent application or child protection involvement is the appropriate pathway

Often appropriate for grandparent application:

• Specific identifiable concerns about parent's care
• Grandparent is suitable alternative carer
• Child's best interests support grandparent involvement
• Parent's concerns can be addressed within parenting orders

Often appropriate for child protection involvement:

• Substantial welfare concerns
• Risk of significant harm
• Statutory authority intervention warranted
• Care arrangements need formal child protection oversight

In some cases both apply — the grandparent applies for orders alongside child protection involvement. Coordination between these processes is necessary.

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What if a parent has died?

When a parent dies, the surviving parent typically continues parenting. Grandparents on the deceased parent's side may face access issues.

Common scenario:

• Father dies; mother continues as primary carer
• Paternal grandparents had close pre-death relationship with grandchildren
• Mother and paternal grandparents have ongoing relationship issues
• Access becomes restricted or denied

Considerations:

• The child's right to maintain connection with the deceased parent's family
• Section 60B(2)(b) principle about grandparent relationships
• Cultural and identity considerations
• The surviving parent's reasonable concerns
• Practical arrangements that work for everyone

Court approach:

The court often supports continuing grandparent involvement where the pre-death relationship was substantial, while balancing the surviving parent's primary care responsibility and reasonable concerns.

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What about Jewish grandparent matters?

For Jewish families, grandparent applications can involve specific religious dimensions:

• Religious upbringing continuity (Jewish day school, religious observance)
• Bar/bat mitzvah preparation
• Synagogue attendance
• Cultural connection to Jewish community
• Coordination with Beth Din where parties choose religious arbitration

Elisa Rothschild has advanced Jewish studies background from Beth Chana Seminary, Israel, and integrates these considerations where relevant. The civil law framework operates alongside religious considerations rather than instead of them.

See Family Lawyer Caulfield North for the Jewish family law specialty →

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What's the process for a grandparent application?

Step 1 — Free 30-minute consultation

Discuss the situation, assess the likelihood of orders being made, consider alternative approaches (mediation, negotiation), agree fee structure.

Step 2 — Pre-action attempts

Where appropriate:

• Direct discussion with parent(s)
• Mediation through a Family Dispute Resolution Practitioner
• Lawyer-to-lawyer negotiation

Section 60I generally requires Family Dispute Resolution before court applications (with limited exceptions).

Step 3 — Initiating application

If pre-action attempts fail, file an Initiating Application in the Federal Circuit and Family Court of Australia.

Documents typically filed:

• Initiating Application
• Affidavit setting out the relationship history, pre-existing arrangements, and basis for the application
• Section 60I certificate (where required)
• Notice of Risk (if applicable)
• Supporting documents

Step 4 — First Return Date

First court event 2-4 months after filing. Court assesses the matter, makes case management orders, may order mediation or other dispute resolution.

Step 5 — Interim hearing (if applicable)

For urgent matters, interim orders may be sought at an interim hearing.

Step 6 — Disclosure and case preparation

Affidavits prepared, family report ordered where appropriate, case prepared for final hearing.

Step 7 — Conciliation conference / dispute resolution

Many grandparent applications resolve at this stage as parties have a clearer picture of likely outcomes.

Step 8 — Final hearing (if matter doesn't resolve)

Final hearing. Judgment delivered typically 3-12 months later.

Total timeline: 6-24 months from initial consultation to final orders, depending on whether and when settlement is reached.

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What does a grandparent application cost?

Plus disbursements:

• Court filing fees ($435-$585 for initiating applications)
• Family report fees ($3,000-$8,000)
• Subpoena fees and other disbursements as required

At Fogarty Oliver Rothschild, grandparent matters are typically billed hourly with regular cost estimates and active scope management. Senior-lawyer rate $440-$660 per hour. Initial retainer paid into trust; monthly billing.

See full pricing → Fixed-fee packages

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What goes wrong with grandparent applications?

The application without pre-existing relationship. A 2024 matter where grandparents sought regular time orders despite having had limited contact with the grandchildren over many years. The court found insufficient pre-existing relationship to support the orders sought. Modest contact orders were made (less than what was sought), with provisions for increased time if the relationship developed. Pre-court mediation would have provided realistic expectations.

The grandparent application as proxy for parent. A 2024 matter where paternal grandparents applied for time orders that effectively mirrored what the father (their son) couldn't get directly because of his behavioural issues. The court was sceptical about whether the application was genuinely about grandparent contact or was a workaround for the father. Limited orders made with explicit conditions about contact with the father.

The application that succeeded against substantial resistance. A 2025 matter where maternal grandparents had been substantially involved in their grandchildren's care for many years. After parental separation, the mother (their daughter) cut off contact during a period of conflict. Grandparent application resulted in substantial regular time orders — supported by the family report's emphasis on the substantial pre-existing relationship and the children's positive relationships with the grandparents. Substantial benefit from senior-lawyer representation.

(Client names withheld. Identifying details modified.)

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What about mediation for grandparent matters?

Family Dispute Resolution under section 60I generally applies to grandparent applications (the section refers to "parenting orders," and grandparent applications under section 65C seek parenting orders).

Mediation typically helps grandparent matters because:

• Family dynamics often involve underlying issues beyond the specific contact question
• Mediators can address communication and trust issues
• Outcomes can be more flexible than court orders
• Family relationships often need ongoing functioning beyond the formal arrangements

When mediation may not be appropriate:

• Family violence concerns
• Substantial child welfare issues
• One party refuses to engage
• Power imbalance that makes mediation unsafe

Section 60I certificates apply to grandparent applications in the same way as parent applications.

See family law mediation Australia explained →

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Frequently asked questions

Do grandparents have legal rights in Australia?

Not automatic rights. Grandparents have explicit legal standing to apply for parenting orders under section 65C of the Family Law Act 1975. The court considers the application on the best-interests-of-the-child framework — there's no presumption for or against grandparent involvement.

What can grandparents apply for?

Grandparents can apply for "spends time with" orders (regular contact), "communicates with" orders (phone, video), "lives with" orders (primary care, in some circumstances), specific issues orders (religious upbringing, schooling), and interim/urgent orders where required.

How does section 60B(2)(b) help grandparents?

Section 60B(2)(b) of the Family Law Act 1975 specifically references children's relationships with grandparents and relatives as significant to their welfare. It's a principle the court considers, not a presumption.

Do I need to attend mediation first?

For most grandparent applications, yes — section 60I Family Dispute Resolution is required before court (with limited exceptions for family violence, urgency, and other defined circumstances).

How much does a grandparent application cost?

Depends on whether the matter resolves before court, at first court event, at conciliation conference, or proceeds to final hearing. Range from $4,000-$12,000 for mediated resolution to $50,000-$150,000+ for contested final hearings.

What if the parent refuses to allow contact?

If pre-action attempts (direct discussion, mediation, lawyer-to-lawyer negotiation) fail, grandparents can apply to the Federal Circuit and Family Court under section 65C. The court considers the application on best interests of the child.

What if a parent has died?

Surviving grandparent applications are particularly common after parental death. The court often supports continuing grandparent involvement where the pre-death relationship was substantial, while balancing the surviving parent's primary care responsibility.

What if there are child welfare concerns about the parent?

Grandparents can apply directly under section 65C and/or child protection authorities may be involved (Department of Families, Fairness and Housing in Victoria). The appropriate pathway depends on the specific circumstances.

Can grandparents get "lives with" orders?

Yes, where appropriate. Less common than "spends time with" orders. Typically arise where there's parental incapacity, parental absence, child welfare concerns, or where the grandparent has been the de facto primary carer.

What's the timeline?

6-24 months from initial consultation to final orders typically, depending on whether and when settlement is reached. Mediated resolution can be faster (weeks to months). Contested court proceedings can take 12-24+ months.

Do you handle Jewish family law grandparent matters?

Yes. Religious upbringing continuity, Jewish day school, bar/bat mitzvah preparation, synagogue attendance, cultural connection, and Beth Din coordination are integrated where relevant.

Should I try direct discussion before applying?

Generally yes, where it's safe and likely to be productive. Many grandparent disputes have underlying communication or trust issues that can be addressed through direct discussion or mediation without court. The free 30-minute consultation includes discussion of the right pathway for your specific situation.

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Ready to discuss your grandparent matter?

The first 30 minutes are free.

📞 Call 0480 031 704

📧 elisa@fogartyoliverandrothschild.com.au

📍 84 Chapel Street, St Kilda VIC 3182

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Hours: Monday to Friday, 9am–5pm.

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