CG Legal Group understands how important grandchildren are to grandparents. We understand family law can often be very stressful for our clients, we prioritise our clients and their families in times of need.
The Family Law Act recognises the importance of the child having positive relationships with those that have meaning in their life.
Under the family law act, grandparents have the right to obtain a parenting order for custody of their grandchild/ren, if it is deemed in the best interest of the child by the court. The court will refer to a number of factors. They include the need to protect the child's psychological and physical safety, the effect of the child, relationship with grandparents and family violence.
This may be required in situations where the parent/s are unable or unwilling to care for the child/ren. It will need to be proved to the court, that the parent is not capable to care for child/ren.
The court is most likely to favour the grandparents in situations where there is evidence of neglect and abuse. If the court has granted the order in favour of the grandparents, they will now be legally responsible for the child. When you become the legal guardian for the child, grandparents are able to make decisions for the child without consulting the child's parents.
Grandparents can also apply for financial support via Centrelink if they have children in their care.
How do I apply for visitation rights?
Grandparents are able to apply to the court for visitation rights, if they are unable to come to an agreement with the parent/s. The court primarily considers what is in the best interests of the child. The courts take in many factors when making the decision and every situation is different. Our legal experts can assist you in apply for visitation rights.
Guardianship and Legal Custody
A guardianship is a legal term referring to the relationship between a minor child and someone other than a parent who is caring for that child. Guardianship allows the grandparent to have legal custody without adoption. To become a legal guardian you will have to demonstrate you are fit to take on all the associated responsibilities. Some responsibilities include, the ability to look after the child for a long period of time, having a positive relationship with the child and having the capacity to meed the child's needs. For legal advice regarding guardianship and legal custody, our friendly lawyers at CG Legal Group can provide you with professional advice.