Hi there. It sounds like you’re both going through a stressful time and would like to do the best you can for your child. It can be common for parents to decide that grandparents should not see their child when the relationship between the parents and grandparent is strained or has broken down.

As a general rule, grandparents do not have an automatic right to see their grandchild in same way that a mother or father does. However, this does not mean they have no rights in relation to the child. If a grandparent has had a significant relationship with the child they may consider applying for a Parenting Order under s64B of the Family Law Act 1975 (Cth). Despite the name, a Parenting Order can be made for the purpose of allowing the child to spend time with someone who is not their parent, such as a grandparent. However, the Court will only make a decision like this if it is in the best interests of the child.

The best interests of the child are the paramount consideration for the Court. In making a decision, the court will likely consider such things as the nature of the relationship between the grandparent and child and the likely effect on the child if they were to be separated from their current arrangements. The Court recognises the valuable role that grandparents usually play in a child’s life, and so if a child and grandparent have had a meaningful and ongoing relationship it is likely that the Court will order that this be maintained. However, you have mentioned in your question that your child has not really been in contact with their grandparents. The Court will most likely take this into account. In addition the Court will consider all allegations by you that spending time with the grandparents is likely to be harmful to the child.

You have not said what type of danger you believe your child will be in if they visit their grandparents. If there is any evidence of abuse or violence of any kind the Court will take this very seriously, and is unlikely to grant them visitation rights.