Can Grandparents Apply for Parenting Orders?

Parenting orders are most commonly made between the parents of a child. However, in some circumstances, there may be other people who wish to apply for parenting orders. The Family Law Act 1975 allows for parents, the child, a grandparent of the child or any person concerned with the care, welfare or development of the child to apply for parenting orders. A wide range of people can be considered a person concerned with the care, welfare or development of a child, including step-parents, siblings, other relatives and close family friends.

As noted above there are various classes of people who may apply for parenting orders with respect to children, including grandparents. Grandparents play an important role in children’s lives and there is an understanding that having a meaningful relationship with grandparents is in the best interests of a child/children where safe to do so.  

Types of parenting orders

The two most common types of orders sought by non-parents are orders that the children spend time with the applicant and orders that the applicant has parental responsibility.

Time with the children

An application for parenting orders may be made by a non-parent for the children to spend time and communicate with them. These applications are usually made where the parents, or one of them, are refusing to facilitate any meaningful relationship between the children and the grandparent or other person. The type of contact likely to be granted by the court will depend on the individual circumstances of the case. However, it is usually less time than is ordered in favour of a parent.

Parental responsibility

Under the Family Law Act, parental responsibility refers to all the duties, powers, responsibilities and authority which parents have in relation to children and the Court may confer parental responsibility on a person. 

The court will carefully consider the background of each individual case, examining the involvement a person has had in the child’s life and whether a continuing relationship between the child and the person involved would be in the best interests of the child. when deciding the best interest of the child, the court will consider several factors including: 

• The arrangements which would promote the safety for the child and any person who has care of the child; 
• Any views expressed by the child; 
• The developmental, psychological, emotional and cultural needs of the child; 
• The capacity of each person who has or is proposed to have parental responsibility for the child to provide for their needs; 
• The benefit of the child to have a relationship with the parents and any other person who is significant to the child wherever safe to do so; and 
• Any other relevant factors in relation to the circumstances of the child.