15 January 2025: With school holidays in full flight, the spotlight often turns to the vital role grandparents play in family life. Yet, when relationships or marriages break down, grandparents can find themselves sidelined, despite their growing contribution to childcare, particularly amidst rising living costs and daycare fees, says family law specialist Liz Catton.
With family separations on the rise, Ms Catton is urging grandparents to understand their rights and explore the legal steps they can take to maintain meaningful relationships with their grandchildren during times of upheaval.
Ms Catton, who is an Accredited Family Law Specialist and Director at Catton and Tondelstrand Family Lawyers, emphasises that while the law acknowledges the importance of grandparents in children’s lives, it prioritises the child’s rights over granting grandparents automatic visitation rights.
“Grandparents are often the unsung heroes in families,” said Ms. Catton. “From providing childcare to being primary carers, their role is crucial, especially during times of family crisis. Yet, they can find themselves sidelined after a separation or divorce.”
When relationships break down, children’s contact with grandparents is typically left to the parents to coordinate. However, strained communication between separated parents—whether due to distance, illness, or conflict—can result in grandparents losing contact with their grandchildren, severing vital bonds.
“Many grandparents don’t realise they have legal options to maintain these relationships,” Ms. Catton explained. “Under the Family Law Act, grandparents can apply for parenting orders if it’s in the best interests of the children.”
“Every case is unique,” Ms. Catton said. “The courts increasingly recognise the value of intergenerational relationships, provided they align with the child’s safety and well-being.”
With the peak period for enquiries for divorce coming up at the end of January when schools return, Ms. Catton encourages grandparents to address potential challenges in maintaining relationships with their grandchildren proactively.
“If grandparents are struggling to maintain contact, seeking legal advice early can help preserve these vital bonds and ensure children receive the love and support they need from all sides of their family.”
Ends.
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