Navigating Grandparents’ Rights in NSW: Practical Tips

Published 20 November 2025

randfather smiling while talking to young grandson in relaxed family setting

Key Takeaways

Grandparents in NSW can apply for parenting orders to secure visitation or shared care, but only after trying mediation.
The child’s best interests are the primary consideration, focusing on the value of the grandparent-grandchild relationship and ensuring safety.
Courts assess factors including the existing bond, grandparents’ capacity to support the child, history of family violence, and the child’s own views.
Legal representation and mediation significantly increase the chances of a positive outcome.
If informal arrangements fail, grandparents can apply to the Family Court; successful orders may range from supervised visitation to shared-care regimes.

Understanding Grandparents’ Rights in NSW

After family separations, access to grandchildren may be disrupted, often unintentionally, but sometimes due to ongoing conflict or concern for a child’s safety. Under the Family Law Act 1975, grandparents are permitted to seek parenting orders to preserve or establish meaningful relationships with their grandchildren. However, their rights are not automatic; they depend on the child’s best interests, not the grandparents’ wishes.

1. Start with Mediation—It’s Key

Before heading to court, grandparents must attempt family dispute resolution (mediation). This informal negotiation with the child’s parents can resolve access issues quickly, affordably, and without litigation. Many families repair relationships with professional guidance and avoid unnecessary conflict.

2. When Mediation Fails: Applying for Parenting Orders

If mediation does not resolve access, grandparents can apply to the Federal Circuit and Family Court. The court will follow a process that includes:

Presenting evidence such as past contact, the child’s routine, grandparents’ care abilities, and (if appropriate) the child’s views
Participating in hearings, either face-to-face or via teleconference, and any required family report

All decisions centre on protecting the child’s welfare and promoting beneficial relationships. Orders may vary from time spent to shared care arrangements.

3. What the Court Considers

Under section 60CC of the Family Law Act, key evaluation points include:

The strength and history of the existing grandparent-grandchild relationship
Whether grandparents can offer emotional stability and support
Risks related to family violence, neglect, or abuse
The child’s age, maturity, and preferences, when relevant.

4. Practical Tips for Grandparents

To improve your chances of securing access or care:

Keep detailed records of visits, including dates, times, and activities.
Maintain open communication with parents; courtesy and reassurance go a long way.
Gather supportive evidence such as texts, emails, photos, and statements from neutral parties.
Show stability: demonstrate your capacity to contribute to the child’s welfare.
Understand the process and book sessions with a qualified mediator before considering court action.
Seek legal advice early: an experienced family lawyer can guide you through complex court processes.

5. The Benefits of Legal and Mediation Support

Professional mediation allows both sides to co-develop parenting time plans with legal safety. A lawyer can prepare paperwork, help present compelling evidence, and advocate during court proceedings. These combined steps significantly increase the likelihood of achieving a fair and sustainable access arrangement.

Final Thoughts

Navigating grandparents’ rights in NSW requires preparation and care. While maintaining your grandchildren’s presence in your life is profoundly important, legal access depends on:

First attempting mediation
Demonstrating a supportive, positive relationship
Putting the child’s best interests front and centre

By following this process, and securing legal and mediation support where needed, grandparents can build strong, lasting connections with their grandchildren while reducing conflict and fostering family harmony.

Always seek professional legal advice to guide you through this complex area of family law. The Family Law team at Berryman Partners are here to help. Book a confidential consultation today.