How Family Lawyers Support Grandparents Seeking Custody or Visitation
01/10/2025
Grandparents often hold a special place in a child’s life, providing comfort, stability, and a sense of belonging that children carry with them as they grow.
Sometimes, however, family circumstances can change – whether as a result of separation, conflict, or other challenges. In some situations, grandparents can find themselves cut off from their children, and many understandably wonder what rights they have to stay involved.
If you’re a grandparent facing challenges around seeing or caring for your grandchildren, you’re not alone. At Preston Law, our family lawyers in Townsville regularly support grandparents navigating custody and visitation matters. We know how emotional these situations can be, and we’re here to help you explore your options and find clarity.
Do Grandparents Have Legal Rights in Australia?
In child custody cases, one common question we hear from grandparents is: “Do I have any legal rights to see my grandchildren?”
In Australia, the law recognises that children benefit from maintaining meaningful relationships with extended family, including grandparents. While grandparents don’t have automatic custody or visitation rights, the Family Law Act 1975 allows them to apply for parenting orders if it’s in the child’s best interests.
This means that in certain circumstances, grandparents can seek legal arrangements that give them access to their grandchildren.
When Grandparents May Step In
There are many reasons why grandparents might consider seeking custody or visitation. Some of the most common include:
- Breakdowns in family relationships: When separation, divorce, or conflict between parents results in grandparents being excluded from the child’s life.
- Concerns about a child’s welfare: If parents are unable to provide safe care due to issues like substance misuse, family violence, or neglect.
- Providing stability: Grandparents often step in when children need a stable, loving home during times of upheaval.
In each situation, the court’s focus is always on the best interests of the child — not just the wishes of the adults involved.
What Courts Consider
If a matter goes to court, several factors are taken into account, including:
- The child’s need for safety and protection from harm
- The benefit of maintaining meaningful relationships with family members
- The child’s own views, depending on their age and maturity
- The ability of each party to provide a stable, supportive environment
This process can feel overwhelming, but working with experienced solicitors in Townsville ensures your case is presented clearly, with the child’s wellbeing front and centre.
How Family Lawyers Can Help
Trying to sort out custody or visitation as a grandparent can feel overwhelming — but you don’t have to figure it out on your own. Here’s how our team can step in to support you:
Negotiation and mediation
Wherever possible, we help families work things out without going to court. Mediation gives everyone a chance to talk openly and find practical solutions, while keeping stress and conflict to a minimum.
Drafting agreements
Once you’ve reached an arrangement, we can make it official. Having a legally binding agreement in place provides certainty and helps avoid disputes down the track.
Court applications
If it turns out that an agreement just isn’t possible, we’ll guide you through the court process. From preparing applications to representing you in hearings, we make sure your story is heard.
Support and guidance
Family law can feel complicated, but we’ll break everything down in plain language. Our goal is to help you feel confident, informed, and supported throughout the whole process.
Why Early Legal Advice is So Important
When emotions are running high, it’s easy for situations to escalate. Seeking advice early on often makes the process smoother, quicker, and less stressful for everyone involved. Even a short consultation can provide clarity on your rights and the best way forward.
Our family solicitors in Townsville can assess your unique circumstances, explain what outcomes are realistic, and help you make decisions that protect both your relationship with your grandchildren and their wellbeing.
Get Support with Townsville Family Lawyers
Being separated from your grandchildren is heartbreaking, but you don’t have to face it without proper legal support. With the right expertise, grandparents can take steps to stay connected and, in some cases, even take on a primary caregiving role.
If you’re a grandparent considering custody or visitation, our supportive team at Townsville Family Lawyers is here to help.
Contact our team for a confidential discussion and take the first step towards protecting your relationship with your grandchildren.
Disclaimer: This blog is intended for informational purposes only and does not constitute legal advice. For guidance tailored to your specific circumstances, please consult a qualified legal representative.