Can grandparents get visitation rights?

How the answer differs across 6 jurisdictions

The Short Answer

Yes, grandparents may be granted visitation rights under § 1685 BGB if it serves the child’s well-being — even against the custodial parent’s wishes.

§ 1685 BGB
Governing statute
Child's welfare
Key legal standard
Court order
Enforcement method
No automatic right
Legal starting point
AustraliaFull article
The Short Answer

Yes, grandparents in Australia have the legal right to apply to court for parenting orders allowing time with their grandchildren, but there is no automatic right to see them.

s. 65C(c)
Family Law Act ground
Best interests
Primary test
28 days
Filing deadline after service
$450
Court filing fee (2024)
The Short Answer

Yes, grandparents in Ireland can apply to the court for access to their grandchildren under the Children and Family Relationships Act 2015.

s. 43
Relevant section
2015
Enactment year
Court applicati
Required process
Best interests
Legal test
The Short Answer

Yes, grandparents in the UK can apply to court for a child arrangements order to see their grandchildren, but they usually need the court’s permission first.

Permission need
Court permission required
s. 10(9)
Relevant section
Child's welfare
Primary consideration
2 years
Residence requirement (if applicable)
US-New YorkFull article
The Short Answer

Yes, grandparents in New York can petition for visitation rights, but they must prove it's in the child’s best interests and overcome the presumption that parents act in their child’s best interest.

CPLR 3016(f)
Filing rule
Domestic Relati
Visitation statute
2 years
Presumption period
Best interests
Legal standard
The Short Answer

Yes, grandparents in India can seek visitation rights, but only through the Guardians and Wards Act, 1890 — and only if it's in the child’s best interest and no parent objects unreasonably.

No automatic ri
Legal status
Section 12
Relevant section
Best interest t
Key standard
No Hindu law ri
Personal law gap

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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.