Impact of New Family Law Legislation Applications may be file by: Parents Grandparents Other Persons concerned with the care, welfare and development of the child What has Changed? Grandparents included in parenting plans and court orders
Involvement of Grandparents Post Separation Most grandparents continue to spend time with their grandchildren Children living with the mother are likely to spend more time with their maternal grandparents and vice-versa Non-resident parents provide an important link between their parents and the children Grandparents who have a good relationship with the parent(s) are better able to maintain a close bond with their grandchildren
Important Role of Grandparents Post Separation Providing activities Confiding Support Provision of Care Support to the parents Providing stabilising influence Maintain a connection with family history to help develop a firmer sense of self-identity in children
Grandparents in the Family Law Courts Influence of grandparents can be both positive and negative – mostly positive Grandparents seen in the Court environment are usually involved in an highly acrimonious relationship with a parent Impact of hostility between grandparents and parents on children is uncertain Research evidence suggests children benefit from time with each parent except in cases of high parental conflict Psychological impact of parental conflict on children is severe Children more likely to adopt the view of the parent or suffer the pain of divided loyalty
Focus of the Courts On the best interest of the child, not on what parents want or on what grandparents want On the quality of the relationship between grandparents and the child, which is normally developed prior to the parental separation On the likely effect on the child of any separation fro a grandparent with whom that child has a relationship On the capacity of the grandparents to provide for the needs of the child.
Dispute Resolution Services Family Relationships Centre Conflict Resolution Service Parenting Orders Program Centacare Relationships Australia