What are grandparents rights to see grandchildren QLD? The Family Law Act 1975 does not give an immediate right to elderly people to see their grandkids. This gives parents the ability to restrict their children from seeing their grandparents, especially if they have sole custody of the child.
However, gaining grandparents rights to see their grandchildren in QLD is entirely possible. Grandparents may use court orders that allow them to see and spend time with their children. Court orders are legally binding orders that direct parties to perform an action for people who filed for court orders.
For instance, a court order will require a parent to allow grandparents to see their grandchildren every weekend. In some cases, some of these court orders will enable children to permanently stay with their grandparents. This article will talk about grandparents rights to see their grandchildren QLD.
Grandparents Rights To See Grandchildren QLD: Child’s Best Interests
When parents separate or divorce, they need to make decisions about the best child custody arrangements for their child. This may include visitation plans, where the child will live, and who gets to see the children on a regular basis. Both parents will need to also understand how these decisions will affect the child. The child’s best interests are their:
- Right to have a meaningful relationship with both parents
- Need to have protection against any form of harm, whether it’s physical, psychological, or emotional
- Right to have a meaningful relationship with other family members like grandparents, siblings, step-siblings, or step-parents.
The child’s best interests can also help grandparents gain rights to see grandchildren in QLD. The Family Law Act considers a person a grandparent whether they’re biological or not. Indeed, this Act includes grandparents as people with who the child should have regular contact.
According to Section 60B of the Family Law Act, children have the right to regularly spend their time with other significant people in their lives. This includes grandparents and other relatives. Hence, grandparents have rights to see their grandchildren in QLD.

What if Parents Won’t Allow Their Children to See Their Grandparents?
In some cases, some parents will allow grandparents to visit their grandchildren if they have good relations with them. Yet, some families have sour family histories and may end up not allowing grandparents to see their grandkids at all.
In the case of Kitsannis & Netopoulis and Anor (2010), the grandparents (Mr and Ms Netopoulis) wanted to extend their time with their grandchild. Mr and Ms Netopoulis filed an application to the Federal Magistrates Court on May 22, 2009, and presented a proposed schedule.
Mr and Ms Netopoulis sought orders stating that the child will live with Mr Kitsannis (father) and have equal shared parental responsibility until further orders. The maternal parents are sharing the parental responsibility since the mother passed away in August 2005. They also stated that the child will live and communicate with them on a fortnightly basis from after school on:
- Friday until before school on Monday; and
- Wednesday after school until before school on Thursday.
They also made arrangements for holidays and special occasions for:
- First half of school term holidays in 2009 and succeeding alternate years;
- Second half of school term holidays in 2010 and succeeding alternate years;
- First half of Christmas in 2009 and succeeding alternate years;
- Second half of Christmas in 2010 and succeeding alternate years;
- Alternating times for Easter (2010) and New Year’s eve (2009); and
- Six hours on the child’s birthday and Name Day if it falls on a weekend.
Mr and Ms Netopoulis also made further conditions that the father update them about the child’s school progress. Moreover, they also added a condition where they inform each other within 48 hours if there are changes in the time they spend with the child. They also instructed the father to inform them regarding the child’s health and well-being.
What Did the Father Want?
The courts also received a family report that the father wanted to alter the current arrangements on August 21, 2009. During the interview process, the father indicated that he wanted to “alter to reflect a day visit on a monthly basis”. Hence, the family consultant recommended that the child:
- Continues to live with the father and has overnights with the grandparents each alternate Sunday night
- Stays with the grandparents for a week of the school holidays during mid-year and Christmas time
Following the father’s orders, the Federal Magistrate ordered that the father have sole parental responsibility on October 21, 2009. The child will also live with the father and will communicate with the grandparents as follows:
- Each alternate weekend after Friday to 5 pm Sunday
- Wednesdays from after school to 6 pm
- One week in July school term holidays
- One week in the long summer vacation
- Christmas Eve to Christmas Day (3 pm-10 am)
- Four hours on the child’s birthday
- Four hours on the mother’s birthday (4 pm-8 pm)
- Greek Orthodox Easter Sunday (4 pm – 8 pm) in even-numbered years
- Mother’s Day (10 am-4 pm)
The Federal Magistrate observed that Mr and Ms Netopoulis and the father had a sour relationship. Both parties have continued to hide this animosity from the child. However, the maternal grandparents’ lawyer argued that the relationship might get more “poisonous” and will affect the child’s best interests.
The lawyer also argued that the father had no reasonable evidence behind the proposed schedule. Furthermore, the courts rejected the fathers’ grounds that the child would have detrimental effects if they approved Mr and Ms Netopoulis’ orders. As a result, the father had to pay costs to the maternal grandparents along with the dismissal of his case.

Upholding Grandparents Rights to See Children in QLD With JB Solicitors
As we have seen, Mr Kitsannis, the father in the case, had no reasonable grounds for reducing the maternal grandparents’ time with his child. Hence, elderly people can have grandparents rights to see grandchildren in QLD if they have good relations with their grandchildren. Truly, this is a good reason for grandparents to have rights to see their grandchildren.
However, it’s still advisable to seek advice from JB Solicitors’ family lawyers. Our team specialises in family law matters to help clients decide the best custody arrangements for their children. If parties disagree on parenting arrangements, we have mediation services to help them come to agreeable terms and conditions.
Contact us today to know more about grandparents rights to see children QLD.