My husband and I have always been very close to our grandchildren and they are an important part of our lives. Now that my son has split up with his wife we never get to see them anymore. I understand that my son just wants to be with his kids when it is his turn to have them but what about us? Can we have time with them too?
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Answer by Pearl Beaumont, Penrith 2570 NSW
- Yes. The best interests of the child definition in the Family Law Act says that children have a right to have a continuing meaningful relationship with significant people in their lives. This includes grandparents.
- You should start by talking to your son or to the children’s mother and asking if you can arrange a regular visit.
- If you are having trouble talking about this with them you can initiate a mediation with a Family Dispute Resolution Practitioner and try to reach an agreement that way.
- If you are still unable to spend time with your grandchildren you may need to go to court.
- You must be able to show the court that you have a genuine interest in the children. In some cases grandparents will be joined as a party to the case and they can put evidence before the court and achieve specific orders.