Grandparents Rights QLD | Fight for Your Place in Your Grandchild’s Life

Grandparents often provide steady guidance and care across generations. During family separation, however, that role can be disrupted. In Queensland, many grandparents find themselves cut off from their grandchildren, not due to any wrongdoing, but because of their child’s strained relationship or custody disputes. This loss is especially difficult when the grandparent has been a consistent presence in the child’s life. 

These situations raise important legal questions.  

• Can a grandparent maintain contact if the parents object?  
• What options exist when a child may be at risk?  
• At the heart of these concerns is a broader issue, what rights do grandparents have under Queensland family law? 

While Australian law does not grant automatic rights to access or guardianship, it does recognise the value of grandparent relationships. When separation, estrangement, or child welfare concerns arise, many grandparents seek legal recognition of their role, or, in serious cases, the ability to step in and provide care. 

Learning these legal pathways begins with knowing how Queensland and federal laws define a grandparent’s standing. This provides the foundation for any contact or custody application that may follow. 

Grandparents’ Legal Standing in Queensland Family Law 

Under Queensland and federal family law, grandparents do not have automatic rights to contact or custody. However, they are legally recognised as important figures in a child’s life, particularly when their involvement supports the child’s wellbeing. The legal system prioritises the child’s best interests, and grandparents may be granted involvement when this aligns with those interests. 

The Family Law Act 1975 applies across Australia and provides the legal foundation for grandparents’ participation. Section 65C allows a grandparent to apply for a parenting order, while section 60B highlights the importance of children maintaining relationships with significant people, including grandparents. This grants legal standing to grandparents who can demonstrate a meaningful connection with the child. 

In state matters involving child protection, the Child Protection Act 1999 does not name grandparents specifically, but it encourages kinship placements when a child is removed from parental care. Grandparents may be considered as kinship carers after an assessment, though this is distinct from court-ordered parental responsibility. 

To navigate the legal process, it is helpful to understand the key terms used in parenting matters: 

Term	Meaning in Family Law Context
Standing	Legal ability to file a court application
Parenting Order	A binding court decision about living arrangements or contact
Parental Responsibility	Legal authority to make major decisions for a child
Kinship Carer	A relative approved to care for a child in place of the parents

This recognition by law enables grandparents to seek parenting orders where necessary. When access is denied or disrupted, many seek legal avenues to restore contact and remain part of the child’s life. 

Seeking Visitation or Contact 

Many grandparents first encounter legal barriers through restricted access to their grandchildren following a family separation. In some cases, one or both parents may limit or deny contact, even when the grandparent previously played a regular role in the child’s life. This can be a deeply emotional experience, particularly when the grandparent believes their presence would benefit the child’s stability and emotional wellbeing. 

Under the Family Law Act, grandparents can apply for a parenting order that grants them regular time with their grandchild. The court does not treat these applications as a matter of entitlement. Instead, it assesses whether ongoing contact with the grandparent supports the child’s best interests. A strong, pre-existing relationship and a history of positive involvement are key factors the court will consider. 

Before applying to the court, most grandparents must attempt Family Dispute Resolution (FDR). This is a mediation process facilitated by an accredited practitioner and is a required step unless exemptions apply, such as where there is a risk of harm to the child. If FDR is unsuccessful, the practitioner will issue a certificate that allows the matter to proceed to court. In many cases, disputes can be resolved through parenting plans or consent orders, avoiding the need for contested hearings. 

To understand the available options, the following table compares the main pathways for securing contact: 

Pathway	Legally Binding?	Requires Court?	Best Suited For
Informal Agreement	No	No	Low-conflict families with ongoing trust
Parenting Plan	No (but written and signed)	No	Clear agreements without enforcement needs
Consent Order	Yes	Yes (by agreement)	Agreed terms with enforceability
Court-Imposed Parenting Order	Yes	Yes (contested)	High-conflict or unresolved disputes

These legal pathways give grandparents an opportunity to protect their relationship with their grandchildren, even when family dynamics are complex. Where informal options have failed or are not appropriate, the law provides a structured way forward that respects the child’s welfare as the central priority. 

When Grandparents Can Apply for Custody or Primary Care 

In serious cases involving risk or neglect, grandparents may apply for parenting orders granting them parental responsibility or primary care if this supports the child’s best interests. These applications are typically considered when the parents are unable to provide safe, consistent care. 

The Family Law Act permits any person concerned with the child’s welfare, including grandparents, to apply for orders about where the child lives. Common grounds include parental incapacity due to substance misuse, family violence, imprisonment, or death. The court considers whether the grandparent offers a stable and protective environment, with an emphasis on the child’s continuity of care. 

Separately, under the Child Protection Act, grandparents may be appointed as kinship carers through the child protection system. This occurs when Child Safety intervenes due to serious risk, and places the child with a relative after an assessment process. Kinship care is a formal arrangement but follows a different legal path than parenting orders. 

To succeed in a custody application, grandparents must present strong evidence of both the parents’ inability and their own capacity to care. This may include: 

• School or health records showing involvement 
• Statements from professionals or caseworkers 
• Documentation of harm or instability in the parental home 
• Proof of the grandparent’s ability to provide ongoing care 

When contact is no longer sufficient and the child’s safety is in question, the court may consider custody if it ensures long-term stability and meets the child’s developmental needs. 

Step-by-Step Guide for Applying for Contact or Custody in QLD 

Grandparents seeking legal contact or custody must follow a defined process through the family court. The law prioritises dispute resolution before litigation, and all steps must align with the child’s best interests. 

The process usually begins with FDR. This is required unless the case involves family violence or serious risk. If mediation fails, a certificate is issued allowing the matter to proceed to court. 

The next step is filing an Initiating Application for Parenting Orders with the Federal Circuit and Family Court. This must include an affidavit explaining the relationship, concerns, and reasons for seeking contact or custody. Supporting evidence strengthens the application. 

Steps to Apply 

1. Complete FDR and obtain certificate (or qualify for exemption) 
2. Prepare and file an Initiating Application and affidavit 
3. Serve documents on parents or relevant parties 
4. Attend directions hearing and participate in assessments 
5. Proceed to mediation or final hearing as required 

Application Checklist 

✔	Document or Requirement	Purpose
☐	FDR Certificate or Exemption	Confirms dispute resolution attempt or exemption
☐	Initiating Application and Affidavit	Formal request and supporting statement
☐	Child’s Birth Certificate (if available)	Verifies relationship and identity
☐	Supporting Records (e.g. school, medical)	Shows prior involvement or care role
☐	Professional Statements (e.g. counsellors)	Adds credibility and external validation
☐	Fee Payment or Waiver Application	Covers filing costs or seeks exemption

 

A well-prepared application improves the likelihood of a clear, timely outcome. Once filed, the court focuses on the child’s needs, supported by evidence and professional input where required. 

What the Court Considers When Deciding Grandparent Applications 

The court’s main concern in any parenting matter is the best interests of the child. Under section 60CC of the Family Law Act, this includes promoting meaningful relationships and protecting the child from harm. Grandparents must show that their involvement supports the child’s wellbeing and provides stability. 

Key factors include the nature of the grandparent-child relationship, the child’s wishes (if mature), and any risks in the parental home. Evidence of past caregiving or regular involvement will strengthen the case. The court also examines the grandparent’s capacity to provide care and their willingness to support the child’s broader needs, including ties to parents and culture. 

Conflict with the parents does not automatically disqualify a grandparent’s application, but cooperation is preferred. The court must be confident that any new arrangement will not expose the child to further stress or instability. 

Factor	Positive Indicators
Bond and Prior Involvement	Regular contact or past caregiving
Child’s Views	Desire to maintain the relationship
Risk in Parental Home	Evidence of harm, neglect, or instability
Grandparent’s Capacity	Stable home, income, health, and availability
Support for Child’s Broader Needs	Respect for education, cultural identity, and family ties

Clear evidence on these points gives the court a fuller view of the child’s circumstances. For grandparents, preparing a strong case also means understanding the legal and support options available to them. 

Legal Support, Costs, and What to Expect Long-Term 

Navigating parenting matters through the courts can be complex and emotionally demanding. For grandparents, having the right legal support makes a significant difference in both the process and outcome.  

Private family lawyers offer tailored guidance and can handle every stage of an application. Costs will vary depending on whether the matter is resolved through agreement or proceeds to a contested hearing. Legal Aid Queensland provides advice and, in some cases, representation where there are concerns for a child’s safety. Community legal centres across the state also offer free support and referrals for grandparents with limited resources. 

Timeframes vary. Simple contact orders may be finalised within months if agreed upon, while contested matters involving custody or safety concerns can extend well beyond a year. Most cases involve several steps, including mediation, assessment, court directions, and, if unresolved, a final hearing. Grandparents should prepare for delays and maintain clear documentation throughout. 

Ultimately, while the law offers a path forward, outcomes depend on each family’s situation. Courts assess whether the grandparent’s involvement serves the child’s best interests and supports long-term stability. If you are a grandparent concerned about your place in a grandchild’s life, legal advice can clarify your options and guide your next steps. The team at Townsville Family Lawyers is ready to assist you in understanding your rights and preparing a strong case. Contact us to discuss your situation today.