Having contact with my Grandchildren after Separation and Divorce

As a grandparent, you play an important part in your grandchildren’s life providing them with love and support. But what can you do to help them when their parents separate or divorce?

There are some common thoughts that you might have about your grandchildren when their parents are divorcing:

• I want to make sure that I see my grandchild regularly after the divorce.

• I want to make sure that my grandchild is safe when they are with their parents.

• I want to continue looking after my grandchild full-time.

Each of these are different because every family is different. Your role as a grandparent might be more or less active than grandparents in other families. This means that it is important to know what you can do to make sure that you continue to be there for your grandchildren throughout their parents’ divorce.

I want to make sure that I continue to see my grandchildren

Sometimes, your grandchild’s parents might try to cut you off from seeing your grandchildren. What can you do?

In family law, you do not have an automatic right to see your grandchildren. Instead your grandchildren have a right to spend time with their parents and other people who are important to their welfare and development. This includes you.

Simply put, it is up to you to make sure that you can see your grandchildren during and after divorce.

The first thing you should do is talk to the parents – let them know how you feel, and try and work out when, where and how you will spend time with your grandchildren. This can be one-on-one or in a mediation. If you can reach an agreement, these details can then go into a parenting plan that the parents are making.

If you cannot agree, then you can apply to the Family Court to make an order about how your grandchildren can communicate with you (e-mail, skype, phone etc) and spend physical time with you. The Court will make a decision in the best interests of the grandchildren by looking at these key factors.

I am seeing my grandchildren but I’m worried about their safety

If you are worried that your grandchildren are being abused by their parent or parents, you can do some things to try to make sure they are safe. You can talk to the police, apply to the Family Court for an order, or make a report to the Department of Child Protection & Family Services. Legal Aid has more information in a fact sheet here.

I want to make sure that I can still look after my grandchildren full-time

You might already be looking after your grandchildren full-time and want to make sure that you can continue to care for them after the divorce. If there is no agreement with the parents you can apply to the Family Court for an order that allows you to care for your grandchildren the same way as you have been doing. You will have to attend with a Family Dispute Resolution Practitioner before making an application.  http://www.familyrelationships.gov.au/SearchPages/frcdetails.aspx?Resourceid=3919

Wayne Dawkins is a Perth Family Lawyer who can help you and your grandchild/ren have the best possible relationship during and after a divorce. If you are a concerned grandparent give Wayne a call on 9214 3887 to discuss your grandchild’s rights.