If that cry hits a little too close to home, you’re not alone. Since the May 2024 reforms, enquiries about grand-parenting rights have become our daily bread at Tonkin Legal Group. The good news? While grandparents still don’t enjoy an automatic seat at the family-law table, fresh precedents have opened new doors—sometimes even with a fast-track entry.
Key Takeaways
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Grandparents can apply directly for Parenting Orders—no parental permission required.
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The 2024 amendments place the best interests of the child front and centre, ditching the old “equal shared parental responsibility” presumption.
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Urgent cases (e.g. safety risks) may qualify for the Critical Incident List, meaning a court date within seven days.
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Recent rulings show judges granting long-term decision-making powers—and even full custody—to grandparents where it benefits the child.
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Solid proof of an existing relationship, plus evidence the children will be safer / happier with you, remains the secret sauce.
The 2024 Shake-Up: What Actually Changed
On 6 May 2024 Parliament rewrote several Family Law Act chapters and, in effect, the rule book:
No more default “equal shared parental responsibility”. Judges now begin with a blank canvas, painting orders strictly around the child’s welfare.
A louder child’s voice. Where kids are mature enough—and willing—to express views, courts give them greater weight. That Saturday-footy bond with Nan and Pop suddenly matters.
Slimmer paperwork for non-parents. Red-tape pruning shortens the path for grandparents seeking orders, sparing you from form-induced migraines.
If you last visited the Family Court in flared jeans, it’s an entirely new dance floor.
Pathways to Court: Your Menu of Options
Grandparents have four clear tracks—each marked “best interests” in fluorescent ink:
Family Dispute Resolution (FDR). Compulsory in most instances and cheaper than taking the entire clan out for Sunday roast. An accredited mediator issues a section 60I certificate if talks collapse.
Parenting Orders Application. Filed in the Federal Circuit and Family Court, this is the main stage. You outline what you seek—time, communication, decision-making—and attach your evidence bundle.
Critical Incident List (CIL). Think legal fast-track: cases involving serious risk, sudden parental death or potential overseas removal can be listed within a week.
State Kinship-Care Orders. Where child-protection agencies are already involved, grandparents may receive day-to-day care under state law before (or alongside) federal Parenting Orders.
Whichever door you choose, make sure your paperwork and patience are equally robust.
Recent Cases: Grandparent Victories on the Board (Listicle)
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Carey & Prescott (No 2) [2024] – Paternal grandparents awarded long-term parental responsibility after the father’s unexpected passing; mother’s substance misuse “made Homer Simpson look like a dietician”.
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Engberg [2024] – Maternal grandparents granted full custody the very day the application landed, the judge citing “overwhelming urgency”—and perhaps those colour-coded binders.
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Secretary DFFH & Whiting [2024] – Confirmed a Children’s Court kinship order doesn’t block later federal Parenting Orders if they better serve the child.
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Venter (No 2) [2025] – Reinforced that the fresh 2024 best-interest factors outrank earlier interim orders; grandparents’ unwavering attendance at school musicals did not go unnoticed (earplugs were apparently admissible).
How Judges Decide: The Best-Interest Telescope
“Grandparents: because sometimes parents need a hardware upgrade.”
Courts sift a grandparent application through section 60CC factors like a toddler through Lego:
Existing relationship – Sleep-overs, school runs, pancake breakfasts. Document every moment (ideally with less syrup on the affidavit).
Safety and protective capacity – Police reports, GP letters or the classic screenshot can show why your home is safer.
Child’s views – Teenagers wield surprising clout; younger children’s wishes are still weighed—especially if not coached over TikTok.
Cultural continuity – First Nations connections to Country, or other cultural identities, can tip the scales toward kinship care.
Practicality – Distance between homes, your work hours and yes, whether your Wi-Fi can handle Roblox without meltdown.
Judges blend these factors like MasterChef contestants—minus the dramatic string section.
Evidence & Practical Prep: Winning Before You Walk In
A meticulously organised brief can trump an expensive barrister (though having both is like adding gravy and mint sauce). Gather photographs of regular time spent with the children, school or daycare sign-in records, texts acknowledging your care, and any medical or police documents confirming risk factors. Add a couple of character references—preferably from adults, not the family cat—and label everything; Judges adore tabbed folders almost as much as the grandkids love your iPad.
State-by-State Quirks (Lightning Round)
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Victoria has just raised legal-aid caps—good news for frugal grandparents.
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NSW often waives FDR if you hold a current ADVO protecting the children.
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Queensland relies heavily on video link; brush up on mute-button etiquette.
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Western Australia runs a separate Family Court, but the same federal principles apply—just mind a few procedural detours.
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Tasmania and the Northern Territory offer travel grants for remote carers; check eligibility unless you fancy a two-day road trip with wiggle-worm passengers.
Conclusion
Grandparents may not hold an automatic ticket to the custody circus, but 2024-25 has made the gates wider, the turnstiles faster and the popcorn slightly cheaper. If you’ve forged a strong bond with the grandkids—and an even stronger case for their wellbeing—the courts are increasingly ready to listen.
Ready to step into the ring armed with precedents, paperwork and a pocketful of jelly snakes for morale? Tonkin Legal Group has championed grand-family ties for over 50 years. Book a confidential chat today and turn that biscuit tin back into a treasure chest.
