Queensland Police Union Journal

‘Grandparenting’ Orders
‘Grandparenting’ Orders
By Emma Meadth, Partner, Sciaccas Family Lawyers
Grandparents’ rights regarding spending time with children.
Increasingly,
circumstances are arising where a
child’s grandparent or grandparents
are becoming primary carers for a
child.
Sometimes private arrangements are
made in families between parents
and grandparents or other relatives
who agree to take care of and raise a
child temporarily or permanently.
These arrangements are considered
informal because the Court has
not necessarily been involved.
Unfortunately, informal arrangements
do not always work out.
So, what is the law in this area, and
what rights do grandparents have to
apply for formal orders relating to
care?
GRANDPARENTS MAY BE FORMALLY
RECOGNISED AS CARERS
Sometimes, parents are either
unable or unwilling to provide an
environment which provides for the
child’s best interests, and the Courts
allow a grandparent to be the primary
carer for the child.
In deciding whether to make a
particular parenting order in relation
to a child, the Court must regard
the best interests of the child as the
paramount consideration.
HOW TO APPLY FOR ORDERS
The Family Law Act makes it clear
that each parent has parental
responsibility for their children until
they are 18 years old.
Courts make orders about parental
responsibilities only if the parents
cannot agree about the arrangements
for their children.
These types of
orders are known as
parenting orders.
If both parents
consent to a
child or children
spending time with
the grandparent, then this can be
organised informally. If, however, the
grandparent prefers to have formal
orders in place, it will be necessary to
apply for parenting orders from the
Family Court.
BEFORE YOU APPLY TO A COURT
The family law system is designed
to encourage parents to develop
cooperative parenting solutions
without going to court.
Family dispute resolution is a
practical way for families to try to
resolve any disagreements and make
arrangements for the future.
In any application for a parenting
order, you must provide a certificate
with your application to the Court to
certify that family dispute resolution
has been attempted.
Of course, there are circumstances
where the court may grant an
exemption from the requirement to
file a certificate.
WHAT ORDERS CAN YOU APPLY
FOR?
The Family Law Act sets out that a
parenting order may deal with one or
more of the following:
64 Queensland Police Union Journal June 2013