Grandparents Rights Australia: Family Court Standing Under Section 65C

One of the most common fears grandparents have when a child ends up in their care is whether they even have the legal right to go to court. The short answer: yes, and you don't need anyone's permission first.

Automatic Standing for Grandparents

Under section 65C(ba) of the Family Law Act 1975, grandparents can apply for parenting orders without seeking leave (permission) from the court. This was added specifically to recognise the role grandparents play in children's lives. You file the same Initiating Application as a parent would — there is no separate "grandparent application" or preliminary hearing to get through.

Standing means you have the legal right to start proceedings. The court still decides the outcome based on the child's best interests under section 60CC, but no one can block you from filing.

What About Other Relatives?

Aunts, uncles, adult siblings, step-parents and close family friends apply under section 65C(c) — the provision for "any person concerned with the care, welfare, or development of the child." You don't need a formal leave application, but your affidavit should demonstrate active, genuine and ongoing involvement in the child's life.

Evidence that supports standing under section 65C(c) includes:

• Living with or regularly caring for the child
• Contributing to the child's financial support
• Involvement in the child's schooling, medical care or daily routine
• A history of the child staying in your home during holidays or weekends
• Being named in existing care arrangements

Standing vs Outcome

A mistake people make is conflating standing with entitlement. Standing under section 65C gives you access to the court — it does not create a right to a particular order. The court applies the best interests test under section 60CC to every application, regardless of who files it. Since the May 2024 reforms, that test prioritises the child's safety (including from family violence and abuse), their developmental and emotional needs, and the benefit of a meaningful relationship with each person who is significant to them.

For grandparents and relatives, this reformed framework can work in your favour. The court is no longer required to start from a presumption of equal shared parental responsibility between parents — repealed by the Family Law Amendment Act 2023. Instead, it looks at the child's actual circumstances, which often reflect the stability a grandparent or relative carer has already provided.

Do Kinship Carers Have Standing?

If you're providing kinship care through a voluntary arrangement — the child's parents asked you to look after the child, or child protection services placed the child with you informally — you still have standing under section 65C(c). However, if a state child protection authority has commenced formal care proceedings or obtained a statutory care order, section 69ZK of the Family Law Act limits federal family court jurisdiction. The court cannot make a parenting order while the child is under statutory care unless the state authority consents or the care proceedings have formally concluded.

The Parenting Orders for Grandparents and Relatives guide explains standing for every type of relative carer and walks you through the exact documents you need to demonstrate your connection to the child.

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