Grandparents often play a vital role in the lives of their grandchildren. But when family relationships break down or parents separate, the bond between grandparents and grandchildren can be disrupted.
Understanding your position under the current legal framework helps protect that relationship and ensures decisions remain focused on the child’s best interests.
Please note: this is general information only and not legal advice — please contact VM Family Law for accurate, tailored advice. Our full contact details can be found here: https://www.vmfamilylaw.com.au/contact/
What Are Grandparents’ Rights in Queensland?
Under federal family law, grandparents are recognised as people who may apply for parenting orders because they are “concerned with the care, welfare and development” of a child. While grandparents do not have automatic rights to spend time with a grandchild, they can seek arrangements that allow them to have a relationship with the child where it is in the child’s best interests.
Parenting arrangements affecting Queensland families are determined under federal law. Courts will prioritise the child’s safety and overall best interests, including protection from harm and, where safe and appropriate, meaningful involvement with significant people in the child’s life, such as grandparents.
Why Grandparents Matter in Parenting Decisions
Grandparents often provide stability, emotional support, cultural connection, and practical care (regular visits, school holiday care, or even full-time care where needed). Where it is consistent with the child’s best interests and safety, the law encourages arrangements that preserve important family relationships, including with grandparents.
Rights vs Responsibilities
No automatic entitlement exists to spend time with a grandchild.
Grandparents can seek arrangements (by agreement or through court orders) where this benefits the child.
Any outcome will be shaped by the best-interests test.
Common Situations Where Grandparents Seek Orders
Parents’ separation or divorce: Contact with grandchildren reduces or ceases due to changed parenting routines.
Family conflict or estrangement: Communication breaks down and grandparents are excluded.
Safety or welfare concerns: Alleged risk of family violence, neglect or harm prompts grandparents to seek involvement to protect the child.
Death or incapacity of a parent: A grandparent steps in to provide day-to-day care.
Long-term or primary care by grandparents: Formal recognition is needed to make decisions about schooling, medical treatment, and daily life.
Mediation and Family Dispute Resolution (FDR)
Before applying to court for parenting orders, parties are generally required to attempt Family Dispute Resolution (unless an exception applies, such as urgency or family violence risks). FDR focuses on reaching practical, child-focused agreements without litigation. If no agreement is reached, an accredited practitioner can issue a certificate that permits a court application to proceed.
Steps to Safeguard Your Relationship
Open communication: Approach the parents respectfully and keep discussions child-focused.
Keep records: Note dates, missed time, attempts to communicate, and any relevant concerns.
Propose a plan: Suggest a clear, workable schedule (for example, regular visits, time in school holidays, special occasions).
Try FDR: Use a neutral setting to negotiate arrangements with professional assistance.
Obtain legal advice: If agreement isn’t possible, get advice on your options and prospects.
Apply for parenting orders (if needed): A court can make interim and final orders about time and communication with grandchildren, guided by the child’s best interests.
Stay child-focused: Emphasise how your involvement supports the child’s wellbeing, stability and development.
If Mediation Fails: Court Pathways
Where FDR is unsuccessful or not appropriate, grandparents may apply to the Federal Circuit and Family Court of Australia for parenting orders. The court can make interim (short-term) and final (long-term) arrangements about how and when grandparents spend time with or communicate with a child. Expert reports or family-consultant input may be used to help the court assess what is in the child’s best interests.
Support Options for Grandparents in Queensland
Legal information and guidance: Publicly available materials explain parenting plans, consent orders, and applying for parenting orders.
Dispute-resolution services: Government-funded services provide information and FDR to help families reach agreement where safe to do so.
Community legal assistance: Low- or no-cost help may be available depending on your circumstances.
Practical parenting resources: Tools to prepare for mediation, structure proposals, and keep child-focused communication records.
How a Family Lawyer Can Help
Early advice: Understand your options, evidence needs, and realistic outcomes.
Agreement-building: Drafting or reviewing parenting plans and negotiating consent orders.
Court representation: Preparing applications, evidence, and appearing in court if orders are required.
Variation/enforcement: Assisting where orders need to change or are not being followed.
FAQs
Do grandparents have automatic rights to see their grandchildren?
No. However, grandparents can seek arrangements (by agreement or through the court) where this is in the child’s best interests.
Is mediation required before going to court?
Generally, yes. Family Dispute Resolution is usually required unless an exception applies (for example, urgency or family-violence concerns).
Can grandparents obtain primary care (custody)?
Possibly. Where parents cannot care for the child or where safety requires it, a court may make orders for a grandparent to have significant or primary care if that best serves the child’s interests.
How do courts decide?
Courts apply the best-interests test, considering safety, the benefit of important relationships, practical care arrangements, and the capacity of each person to meet the child’s needs.
What if agreement is reached?
Options include a parenting plan (informal) or filing for consent orders (legally enforceable). If agreement can’t be reached, you may apply for parenting orders.
Final Thoughts
Grandparents are often a cornerstone of a child’s sense of belonging and stability. Where safe and appropriate, the law supports arrangements that preserve meaningful relationships with grandparents. If communication and mediation are not enough, tailored legal advice can help you pursue a child-focused, workable outcome.
Official Information Sources
Queensland Law Handbook – Parenting Plans & Orders: https://queenslandlawhandbook.org.au/
Federal Circuit and Family Court of Australia (parenting & court process): https://www.fcfcoa.gov.au/
Legal Aid Queensland – Parenting Arrangements & Family Dispute Resolution: https://www.legalaid.qld.gov.au/
Queensland Government – Families & the Law (parenting and safety): https://www.qld.gov.au/families/legal
Family Relationships – Government support & FDR information: https://www.familyrelationships.gov.au/
Queensland Law Society – Find a family lawyer & resources: https://www.qls.com.au/
