Grandparents in Victoria can apply to a court for a parenting order covering time with their grandchildren, although there is no automatic right to see them and the child's best interests are the paramount consideration in every application. Before applying, you will almost always need to attempt family dispute resolution and obtain a certificate confirming that attempt. Here is what a court looks at and what to do first.
In this article
- Do grandparents have legal rights in Victoria?
- When do grandparents apply?
- What does a court look at?
- Do you have to try mediation first?
- What if a parent has died, or the family has become estranged?
- What can grandparents ask a court for?
- Practical steps if you are being kept from your grandchildren
- How we help
- Common questions
Do grandparents have legal rights in Victoria?
Not in the sense most people mean. No law hands a grandparent an automatic right to see a grandchild. A child's parents have parental responsibility for the child by law, but that gives them no legal presumption in their favour when a court makes a parenting order: the law simply recognises the benefit to a child of a relationship with their parents and other significant people where that is safe. What the law does is recognise grandparents, alongside other people significant to a child, as someone who can apply to a court for a parenting order covering time with the child, or even a greater role in their care. Being allowed to apply is not the same as being guaranteed an outcome. Every application, whoever brings it, is decided with one consideration above all others: what serves this particular child's best interests. A grandparent does not need to show the parents have done anything wrong to apply, but the court will not order time with a grandchild simply because the grandparent wants it or because the arrangement feels unfair. Applications are made under the Family Law Act 1975 (Cth).
When do grandparents apply?
Three situations account for most grandparent applications. The first is a relationship breakdown between the child's parents, where one parent restricts contact with their former partner's family, including the grandparents on that side. The second is a rift within the family itself: a falling out between a grandparent and an adult child that spills over into contact with the grandchildren. The third is the death or serious illness of the parent through whom the grandparent is connected to the child, after which the surviving parent or another family member limits or ends contact. Each scenario is treated the same way procedurally, but the history behind it often shapes what evidence matters and how urgent the situation is.
What does a court look at?
The child's best interests, above everything else. In practice that usually means the court considers the existing relationship between the grandparent and the child and what continuing or losing it would mean for the child, the child's own wishes where their age and maturity make that appropriate, the views and reasons of the parents for restricting contact, the practical workability of any arrangement, and any risk to the child's safety, including from family violence or conflict that spending time with the grandparent would expose the child to. A parent's reasons for limiting contact are taken seriously, but they are not automatically accepted. The court forms its own view of what is best for the child rather than simply deferring to the parent, though a fit and reasonable parent's wishes carry real weight. If you are considering an application, the Federal Circuit and Family Court of Australia website has the parenting application forms and guidance.
Being kept from a grandchild, or facing an application from a grandparent, and unsure what your options are? Call (03) 9125 8355 or send an enquiry.
Do you have to try mediation first?
Almost always, yes. Before a grandparent can file most parenting applications with a court, family law generally requires an attempt at family dispute resolution, a structured mediation process, and a certificate from the mediator. The requirement exists because courts see litigation as a last resort in family matters, not a first step, and mediation resolves many disputes without anyone going near a courtroom. Exemptions apply where mediation is not appropriate or safe, most importantly where there is family violence, a risk to the child, or urgency that mediation cannot accommodate. Skipping mediation without a proper exemption is likely to cause delay rather than save time, so getting advice on whether your situation qualifies for an exemption is worth doing before you act.
What if a parent has died, or the family has become estranged?
The pathway is the same whether the rupture came from a separation, a family falling out, or a parent's death, though the practical stakes can be higher. A grandparent who has been part of a child's daily life, particularly one stepping in after the death of the parent who connected them to the child, can seek more than time with the child. Depending on the circumstances, that can include a parenting order addressing where the child lives or who they spend time with, and in some cases a grandparent already caring for a child day to day may need to consider broader options for formalising that care. Because these situations often move quickly and involve real urgency for the child's stability, early advice matters more here than in most family law disputes.
What can grandparents ask a court for?
The same range of parenting orders available to any person concerned with a child's care, welfare or development: orders for the child to spend time with the grandparent, whether regularly, during holidays, or by other communication such as phone or video calls, and in less common cases orders addressing where a child lives or who makes decisions about their care. What the court will not do is treat a grandparent's application as equivalent to a parent's. The starting point in most disputes remains the child's relationship with their parents, and a grandparent's role is considered within that framework rather than instead of it. This is why most grandparent matters are resolved through negotiation or mediation rather than a final court order: an agreed arrangement that keeps the relationship going tends to serve the child better than a hard fought result imposed by a judge.
Practical steps if you are being kept from your grandchildren
Start by trying to resolve things directly and calmly if any relationship with the parents remains workable. Courts and mediators look favourably on a grandparent who has tried to keep communication open rather than escalating immediately. Keep a simple record of your contact with the grandchild over time, including how often you saw them before contact stopped and what your role in their life looked like, since this history matters if the matter does progress. Get advice early on whether family dispute resolution is required in your situation or whether an exemption applies, rather than assuming either way. If safety is a concern for you or the child, that changes the process significantly, and it is worth raising directly with a lawyer rather than working around it alone. Our guide to parenting arrangements after separation covers the wider framework these applications sit within, including how mediation and parenting orders generally work.
How we help
Spencer Alexander Lawyers advises grandparents seeking to maintain or restore a relationship with a grandchild, and advises parents responding to a grandparent's request or application. We help assess whether family dispute resolution or an exemption applies to your situation, prepare for mediation in a way that gives it the best chance of working, and represent grandparents and parents where a court application becomes necessary. If contact with a grandchild has broken down and informal efforts have not worked, early advice on your options is worth more than time spent waiting for things to resolve themselves. Learn more about our family law practice.
Common questions
Do grandparents have legal rights to see their grandchildren in Victoria?
Grandparents have no automatic legal right to spend time with their grandchildren. Family law recognises grandparents as a category of person who can apply to a court for a parenting order, and the court decides based on what is in the child's best interests, not the grandparents' wishes.
Do grandparents have to try mediation before going to court?
Yes, in almost all cases. Grandparents must attempt family dispute resolution and obtain a certificate confirming that attempt before filing most parenting applications. Exemptions apply in some cases, including where there has been family violence or child abuse, or there is a risk of either, and where the matter is urgent.
What does a court consider when a grandparent applies for time with a grandchild?
The child's best interests are the paramount consideration. A court weighs the existing relationship between the grandparent and child, the child's own views where age appropriate, the attitudes of the parents, and any risk to the child's safety or wellbeing.
Can grandparents apply if a parent has died or the family has become estranged?
Yes. Grandparents can apply whether the relationship broke down through parental separation, estrangement, or the death of a parent, and in some situations can seek a bigger role in a child's care, not just time with them.
Trying to work out your options as a grandparent, or responding to a grandparent seeking time with your child? Call (03) 9125 8355 or send an enquiry.
Sources: Family Law Act 1975 (Cth), sections 60CA, 60CC, 60I, 61C, 64B and 65C.
This guide reflects the law applying in Victoria as at September 2026. It is general information only, not legal advice, and does not take your circumstances into account.
