{"id":10611,"date":"2018-09-18T15:33:54","date_gmt":"2018-09-18T06:03:54","guid":{"rendered":"http:\/\/www.humetaylor.com.au\/?p=10611"},"modified":"2020-02-18T03:40:49","modified_gmt":"2020-02-18T03:40:49","slug":"do-grandparents-have-a-right-to-see-their-grandchildren","status":"publish","type":"post","link":"https:\/\/www.humetaylor.com.au\/site\/2018\/09\/18\/do-grandparents-have-a-right-to-see-their-grandchildren\/","title":{"rendered":"Do grandparents have a right to see their grandchildren?"},"content":{"rendered":"<p>[et_pb_section][et_pb_row][et_pb_column type=&#8221;4_4&#8243;][et_pb_text]Grandparents do not have automatic rights to see or care for their grandchildren.\u00a0 However, the <em>Family Law Act 1975<\/em> specifies that \u201cchildren 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\u201d (such as grandparents and other relatives).<\/p>\n<p>If a grandparent is not seeing the children at all, regardless of whether or not the parents of the children have separated, there may be legal remedies so that they can have time with the grandchildren.<\/p>\n<p>When a grandparent applies for a court order in relation to their grandchildren, the court will consider several different factors to determine whether the order should be granted in their favour.\u00a0 These factors include:<\/p>\n<ul class=\"list\">\n<li>Whether or not it is in the child\u2019s best interest.<\/li>\n<li>The need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.<\/li>\n<li>The benefit of a meaningful relationship with their grandparents.<\/li>\n<li>The nature of relationship the child already has with each of their parents and grandparents.<\/li>\n<li>The effect any changes to current arrangements would have on the child.<\/li>\n<li>Whether the child is financially supported.<\/li>\n<li>The ability of the parents and grandparents to provide for the child\u2019s emotional and intellectual needs.<\/li>\n<li>The attitude the parents and grandparents have towards the child.<\/li>\n<li>Any views expressed by the child and any factors (such as the child\u2019s maturity and age and understanding of the situation) that the Court thinks are relevant to the weight it should give to the child\u2019s views.<\/li>\n<li>If the child is of Aboriginal or Torres Strait Islander descent, the child\u2019s right to enjoy their Aboriginal or Torres Strait Islander culture.<\/li>\n<li>Practical issues and expenses of a child spending time with and communicating with the grandparent.<\/li>\n<\/ul>\n<p>Our experienced Adelaide lawyer, <a href=\"http:\/\/www.humetaylor.com.au\/team\/linna-tran\/\">Linna Tran<\/a>, can assist you in all areas of Family Law. Call 8223 3199 to <a href=\"http:\/\/www.humetaylor.com.au\/contact\/\">make an appointment<\/a> today.[\/et_pb_text][\/et_pb_column][\/et_pb_row][\/et_pb_section]<\/p>\n","protected":false},"excerpt":{"rendered":"<p><div class=\"et_pb_section et_pb_section_0 et_section_regular\" >\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t<\/div><div class=\"et_pb_row et_pb_row_0 et_pb_row_empty\">\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t<\/div><div class=\"et_pb_module et_pb_text et_pb_text_0  et_pb_text_align_left et_pb_bg_layout_light\">\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t\t\n\t\t\t<\/div>Grandparents do not have automatic rights to see or care for their grandchildren.\u00a0 However, the Family Law Act 1975 specifies that \u201cchildren 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\u201d (such as [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":10612,"comment_status":"closed","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"on","_et_pb_old_content":"Grandparents do not have automatic rights to see or care for their grandchildren.\u00a0 However, the <em>Family Law Act 1975<\/em> specifies that \u201cchildren 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\u201d (such as grandparents and other relatives).\r\n\r\nIf a grandparent is not seeing the children at all, regardless of whether or not the parents of the children have separated, there may be legal remedies so that they can have time with the grandchildren.\r\n\r\nWhen a grandparent applies for a court order in relation to their grandchildren, the court will consider several different factors to determine whether the order should be granted in their favour.\u00a0 These factors include:\r\n<ul class=\"list\">\r\n \t<li>Whether or not it is in the child\u2019s best interest.<\/li>\r\n \t<li>The need to protect the child from physical or psychological harm from being subjected to, or exposed to, abuse, neglect or family violence.<\/li>\r\n \t<li>The benefit of a meaningful relationship with their grandparents.<\/li>\r\n \t<li>The nature of relationship the child already has with each of their parents and grandparents.<\/li>\r\n \t<li>The effect any changes to current arrangements would have on the child.<\/li>\r\n \t<li>Whether the child is financially supported.<\/li>\r\n \t<li>The ability of the parents and grandparents to provide for the child\u2019s emotional and intellectual needs.<\/li>\r\n \t<li>The attitude the parents and grandparents have towards the child.<\/li>\r\n \t<li>Any views expressed by the child and any factors (such as the child\u2019s maturity and age and understanding of the situation) that the Court thinks are relevant to the weight it should give to the child\u2019s views.<\/li>\r\n \t<li>If the child is of Aboriginal or Torres Strait Islander descent, the child\u2019s right to enjoy their Aboriginal or Torres Strait Islander culture.<\/li>\r\n \t<li>Practical issues and expenses of a child spending time with and communicating with the grandparent.<\/li>\r\n<\/ul>\r\nOur experienced Adelaide lawyer, <a href=\"http:\/\/www.humetaylor.com.au\/team\/linna-tran\/\">Linna Tran<\/a>, can assist you in all areas of Family Law. Call 8223 3199 to <a href=\"http:\/\/www.humetaylor.com.au\/contact\/\">make an appointment<\/a> today.","_et_gb_content_width":"","footnotes":""},"categories":[14],"tags":[222,223,224],"yst_prominent_words":[],"class_list":["post-10611","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-family-law","tag-grandchildren","tag-grandparents","tag-visitation-rights"],"_links":{"self":[{"href":"https:\/\/www.humetaylor.com.au\/site\/wp-json\/wp\/v2\/posts\/10611","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.humetaylor.com.au\/site\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.humetaylor.com.au\/site\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.humetaylor.com.au\/site\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.humetaylor.com.au\/site\/wp-json\/wp\/v2\/comments?post=10611"}],"version-history":[{"count":1,"href":"https:\/\/www.humetaylor.com.au\/site\/wp-json\/wp\/v2\/posts\/10611\/revisions"}],"predecessor-version":[{"id":10823,"href":"https:\/\/www.humetaylor.com.au\/site\/wp-json\/wp\/v2\/posts\/10611\/revisions\/10823"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.humetaylor.com.au\/site\/wp-json\/wp\/v2\/media\/10612"}],"wp:attachment":[{"href":"https:\/\/www.humetaylor.com.au\/site\/wp-json\/wp\/v2\/media?parent=10611"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.humetaylor.com.au\/site\/wp-json\/wp\/v2\/categories?post=10611"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.humetaylor.com.au\/site\/wp-json\/wp\/v2\/tags?post=10611"},{"taxonomy":"yst_prominent_words","embeddable":true,"href":"https:\/\/www.humetaylor.com.au\/site\/wp-json\/wp\/v2\/yst_prominent_words?post=10611"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}