Grandparents’ Rights Dandenong
If you’re a grandparent in Victoria struggling to spend time with your grandchildren, you may be wondering what legal options are available to you.
In Australia, grandparents do not have automatic rights to see their grandchildren, but the law does recognise the significant role grandparents often play in a child’s life.
You can apply to the court for time with your grandchildren—especially if contact has been cut off or restricted following a separation, divorce, or family breakdown.
If you’re located in areas like Dandenong, understanding how grandparents’ rights are treated under family law can help you take the next step.
Can Grandparents Apply for Visitation Rights in Victoria?
Yes. Under Australian family law, grandparents have the ability to apply to the Federal Circuit and Family Court of Australia for orders relating to their grandchildren.
The court’s focus is not on your rights as a grandparent, but rather on what is in the best interests of the child.
However, your relationship with the child and the role you’ve played in their life can strongly influence the outcome.
You do not need to be a biological grandparent to apply; step-grandparents or those with a significant relationship to the child may also apply for time or communication arrangements.
Key takeaway: You have the right to apply for visitation if you believe it benefits your grandchild, but the court will always prioritise the child’s well-being.
When Should You Consider Applying to the Court?
You should consider making a court application if:
- You are being denied contact without good reason
- There is a history of close involvement with the child
- Attempts at informal communication or mediation have failed
- You believe your absence is negatively impacting the child
In many cases, family tensions or disagreements between parents and grandparents cause communication to break down.
If you’re from Dandenong or surrounding suburbs and are unsure about your standing, it may be time to seek legal advice to discuss your options regarding grandparents’ rights in Dandenong.
Key takeaway: Apply to the court if contact has been unfairly restricted and other methods haven’t worked.
Need a Lawyer?
Steps to Making a Court Application for Visitation
Here’s a general outline of how you can apply to the court:
1. Attempt Family Dispute Resolution (FDR)
Before filing an application, you must attempt mediation (unless there are concerns about family violence or safety). You’ll receive a certificate known as a Section 60I certificate, which is required when applying to the court.
2. Prepare and File an Initiating Application
This includes detailing what orders you’re seeking—such as regular visits, school holiday time, or phone calls.
3. Provide an Affidavit
You’ll need to prepare a sworn statement explaining your relationship with the child, the current situation, and why contact would be in their best interests.
4. Attend Court Hearings
Once filed, the court will set hearing dates. During this process, the judge may consider reports from family consultants, input from the child’s parents, and any other relevant evidence.
Key takeaway: The application process involves paperwork, mediation, and court hearings—be prepared and informed.
How the Court Decides on Grandparent Visitation
The court applies a child-focused approach. This means it will evaluate:
- The child’s emotional and psychological needs
- The strength of the grandparent–grandchild relationship
- The views of the child (depending on their age and maturity)
- Any risk of harm or family violence
- The practicalities of arranging visits
If the court finds that regular time with you supports the child’s development and well-being, it may issue parenting orders allowing visitation, phone calls, or other forms of contact.
Key takeaway: The court grants visitation if it supports the child’s welfare and doesn’t cause conflict or harm.
Do You Need a Lawyer to Apply?
While you can represent yourself, having a family lawyer can be helpful—especially if the other party opposes your application.
A lawyer can help you draft your affidavit, gather supporting evidence, and guide you through the process confidently.
If you’re based in Dandenong, look for a solicitor familiar with grandparents’ rights in Dandenong and the local family law court system.
Key takeaway: Legal help isn’t required, but can strengthen your application and reduce stress.
Grandparents in Victoria play an important role in many children’s lives, and the law recognises that.
If you’re in a situation where you’re being prevented from seeing your grandchild, you can take legal steps to apply for visitation—starting with family dispute resolution and, if needed, a court application.
While the process can feel daunting, support is available to help you navigate it and work toward a positive outcome for your grandchild.