Many grandparents want to spend as much time as possible with their grandkids and, in some circumstances, can develop a stronger bond than the parents were able to. In such situations, the grandparents may be especially concerned when the parental relationship breaks down, and divorce becomes imminent. Yet do they have any rights at all with regards to that special relationship?

Complex Dynamics

In modern-day Australia, many marriages fail, and this may often be due to bad behaviour on the part of one of the adults. The individual may be abusive, violent or resort to substance abuse, which will inevitably lead to this type of breakdown. When this happens and children are involved, the outcome can be challenging. Both of the parents may want to be involved in parenting going forward, although they may not be able to see eye to eye.

In this situation, the grandparents would appear to be the safe haven and can often be a source of solace for the kids. Fortunately, family law can recognise this situation, and grandparents can petition the court for custody rights.

Understanding the Legislation

When it comes to family law, parenting orders can apply to any person with whom the child is to live and can dictate the amount of time they are to spend with any interested party. Such an interested party can also raise any issues related to the child's welfare, care, or development during the case.

Involvement

Parenting orders can also apply to or may be instituted by the grandparents, and thus they can certainly bring their concerns in front of the court. If they are afraid that one of the parents will be abusive or may exhibit erratic behaviour due to substance abuse, this will certainly be of interest to the judge.

Court Decisions

Remember, the court is ultimately concerned with the children's rights, and anything else is secondary, so they may make custody orders in favour of the grandparents in a situation like this. They may even issue restraining orders against the out-of-control parent.

What to Do Next

If you find yourself in this position as a grandparent, understand that the process can be quite involved, and you will need to present your case with purpose. Therefore, it's good to bring in an experienced family lawyer from the outset, especially as there is so much at stake. The lawyer will assess the situation and advise you of the best course of action.

Contact a local family law lawyer if this situation applies to you.