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What is the Law in NSW when it comes to Grandparent’s rights and custody of their Grandchildren?


e are fortunate in NSW because grandparents have some legal rights when it comes to the custody, wellbeing and protection of their grandchildren.

All grandparents want their grandchildren to be happy and safe. In some instances, not all children are being properly cared for. In NSW, grandparents can in fact apply for a parenting order to try and secure visitation rights or even custody should both parents of the child be unable to care for the child/children.

In some circumstances, if the relationship between you and your own child breaks down, it does not necessarily give you implicit rights to have a relationship with your grandchild. The good news however is that as a grandparent, you have a vested interest in your grandchild/children and their overall well-being, you may be able to secure visitation rights.

One step further is when a grandparent feels their grandchild is in danger due to violence, neglect or abuse, they are able to apply to the Family Court for a parenting order that may grant you custody of your grandchild/children. Keep in mind, there must be supporting evidence provided and substantial demonstration that you will make a better guardian than the one the child/children currently have.

Londi Gramelis and her team at First Choice Family Law are experienced with handling these often challenging cases with insight and practical guidance often resulting in a pleasing outcome for all.

Speak to Londi Gramelis today on (02) 9579 5555 or email her at

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