I'm a grandparent and my son won't let me see my grandchildren. Do I have legal rights?

What the Law Says

The Family Law Act 1975 (Cth) gives grandparents the right to apply to court for parenting orders — including orders for spending time with or communicating with their grandchildren.

Grandparents are specifically named in the law as people who may apply for a parenting order under section 65C(c) of the Family Law Act 1975. This means you don’t need the parents’ permission to go to court — but you do need to convince the court that spending time with you is in the child’s best interests.

The court’s main concern is always the child’s best interests — this is the ‘paramount consideration’ under section 60CA. The court will weigh factors like the child’s relationship with you, their views (if they’re old enough), and any risk of harm.

There is no automatic legal right for grandparents to see their grandchildren. The law does not guarantee contact — it only allows you to ask the court to make an order if you believe it’s appropriate and beneficial for the child.

Statutory Text

A grandparent of the child… may apply for a parenting order.

— Family Law Act 1975 (Cth), s. 65C(c) — Persons eligible to apply for parenting orders

Statutory Text

In deciding whether to make a particular parenting order in relation to a child, a court must regard the best interests of the child as the paramount consideration.

— Family Law Act 1975 (Cth), s. 60CA — Best interests of the child

What to Do

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