It is not uncommon for parents to resort to litigation to resolve parenting disputes. Limited consideration, however, is often given to the wider network of relationships in a child’s life which may include grandparents, aunts and uncles, half-siblings and close family friends. In many families, particularly in modern family structures, these relationships are an important and stable part of a child’s everyday life. When such relationships are disrupted, children are left feeling confused, distressed and even abandoned. This is particularly so when they are unable to understand or process the reasons behind the often sudden change, and when they are likely to also be grieving the separation of their parents.
One of the considerations in the Family Law Act 1975 (Cth) that the Court must take into account when determining what is in a child’s best interests is “the benefit to the child of being able to have a relationship with the child’s parents and other people who are significant to the child, where it is safe to do so”. In practice, however, relationships with these “other significant people” may receive less attention in the broader effort to finalise parenting arrangements between parents. The impact that the loss of these relationships may have on children is often overlooked.
While the paramount consideration must always remain the best interests and safety of the child, there is often scope within parenting arrangements to facilitate and encourage ongoing relationships between children and the significant people in their lives, where it is safe and appropriate to do so.
In some cases, grandparents such as Jenny in this Facebook post are compelled to commence or join proceedings in the Federal Circuit and Family Court of Australia in an attempt to preserve a meaningful relationship with their grandchildren. As Jenny’s experience illustrates, Court proceedings often involve significant emotional and financial costs, may run for many years, and offer no guarantee of a favourable outcome. Other grandparents or “significant other people” lack the resources, resilience, or capacity to pursue litigation and are therefore effectively cut out of a child’s life without practical recourse.
If you are a grandparent or close relative or friend of a child and require advice about your rights, reach out to one of our team. As with all disputes, we firmly believe that Court should be a last resort and can provide you with strategies to get your relationship with the child back on track without the need for litigation where possible.