Grandparents’ rights · Orange

Grandparents’ Rights in Orange

Grandparents play a crucial role in a child’s life, providing love, stability and support. If you’ve been cut off from your grandchildren, our Orange family lawyers can help you understand your options.

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How we help

Do grandparents have rights in Australia?

When family disputes arise, grandparents may find themselves cut off from their grandchildren, whether because of separation, divorce or conflict with a parent.

Under Australian family law, grandparents don’t automatically have a legal right to see their grandchildren, but they can apply for parenting orders if it is in the child’s best interests. The Family Law Act 1975 recognises the benefit to children of having a relationship with other people who are significant to them, including grandparents.

At ALA Law, we help grandparents in Orange, Bathurst, Blayney, Molong, Cowra, Parkes and across the Central West maintain meaningful relationships with their grandchildren.

Reviewed by Julie Vass, Special Counsel · November 2026

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Your options

What legal options do grandparents have?

Grandparents can apply to the Federal Circuit and Family Court for parenting orders, just like parents and other people concerned with a child’s care. These orders can provide for:

  • Spending time with your grandchildren, if a parent is preventing contact
  • Communicating with your grandchildren, for example by phone or video
  • Living with you, where you are or should be the child’s primary carer
  • Parental responsibility, so you can make decisions about the child’s welfare, education and health

Grandparents may need to step in where a parent is struggling with issues such as substance abuse, family violence, mental health or neglect. Grandparents and others (Federal Circuit and Family Court) →

How the Court decides

The child’s best interests are always the top priority. The Court considers matters such as:

  • The child’s safety
  • The existing relationship between you and your grandchild
  • Any views the child has expressed, depending on their age and maturity
  • The child’s developmental, emotional and psychological needs

You’ll need good evidence that the relationship benefits the child.

Before court

Do grandparents have to go to court?

Not always. Before applying to the Court, grandparents generally must try to resolve the dispute through:

  • Negotiation with the parents
  • Family dispute resolution (mediation), unless an exception such as family violence or urgency applies
  • Formalising any agreement as a parenting plan or consent orders

If mediation doesn’t resolve things, court proceedings may be necessary. We can represent you at mediation and in court.

Worried a grandchild is at risk?

If a child is in immediate danger, call 000. If you’re concerned a child is being abused or neglected, contact the NSW Child Protection Helpline on 132 111.

If a child has been unlawfully taken or withheld, a recovery order may be available. Where DCJ is involved, see our care and protection page.

Clear advice. Real support. People in your corner.

Most family law matters in Orange are resolved without a judge. We focus on negotiation, mediation and agreement wherever possible, and if court is needed, you’ll have experienced advocates beside you.

Julie Vass, family lawyer and Solicitor in Charge at ALA Law Orange

Your Orange family lawyer

Meet Julie Vass

Special Counsel · Solicitor in Charge, Orange, Dubbo & Orana

Julie leads our family law work for clients in Orange and across the Central West. Admitted as a solicitor in New South Wales in 1998, she brings more than 25 years’ experience across all areas of family law, with particular skill in dispute resolution and arbitration.

Clients value Julie’s kind, considerate and compassionate approach. She’ll take the time to understand what matters most to you and your family.

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Backed by Accredited Specialists

Julie is supported by ALA Law’s family law Partners Amanda Little, Rosemary Aloisio and Bernadette Melhem, each an Accredited Specialist in Family Law.

Our promise to you

  • We’ll listen first and give advice that fits your situation.
  • We’ll explain your options in plain English.
  • We’ll look for practical, out-of-court solutions.
  • We’ll be upfront about costs.
FAQs

Grandparents’ rights questions we’re often asked in Orange

Can grandparents get custody of their grandchildren?

Grandparents can apply for parenting orders that the child lives with them and that they have parental responsibility, where that is in the child’s best interests. This often happens where parents are unable to provide safe care.

Do grandparents have to attend mediation first?

Generally yes. Before applying for parenting orders, you must attempt family dispute resolution and obtain a section 60I certificate, unless an exception applies, such as family violence or urgency.

Can I see my grandchildren if my son or daughter has died or separated?

You can apply for parenting orders to spend time with your grandchildren. The Court will decide based on what is in the children’s best interests.

What evidence do grandparents need?

Evidence of your existing relationship with your grandchildren, the role you play in their lives and how continuing that relationship benefits them. We can help you prepare this.

What if my grandchild is not safe at home?

If a child is in immediate danger, call 000. For concerns about abuse or neglect, call the Child Protection Helpline on 132 111, then get legal advice about your options.

Helpful resources

Related services

More ways we help Orange families

Children & parenting

Parenting plans and orders that put your children first.

Learn more →

Family mediation

Resolve disputes faster, with less conflict and lower cost.

Learn more →

AVOs

Applying for, responding to and defending AVOs.

Learn more →

All family law services

Separation, children, property, mediation and court.

Learn more →

Talk to our Orange team today

Book a confidential appointment. We’ll listen, explain your options and help you take the next step with confidence.

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