What rights do grandparents have if their grandchildren were…

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Under the Family Law Act, the best interests of the children are deemed to be served by the children having meaningful involvement with both parents, as well as other people significant to their care such as grandparents.

As such, grandparents can apply to the Court under section 65C (ba) of the Family Law Act 1975 (Cth) for contact orders which would allow contact in circumstances where contact is otherwise being disallowed or limited (even if it was your son who left the home).

Without a Court order allowing contact, the contact between the children and their grandparents can only occur with the consent of the parents.

Before you see a lawyer to apply for contact orders, however, the Family Law Act also requires grandparents to have a mandatory mediation session with the child's parents and a family dispute resolution practitioner before the grandparents can apply to the Court for contact orders. As such, it would be a good idea for you to call the Family Relationship Advice Line on 1800 050 321 to set this mediation up. It is a free service and they also have an advice line which specifically encourages grandparents to call in circumstances like the one you're now facing.

If the mediation fails, or someone doesn't show up - then you will receive a certificate allowing you to apply to the Family Court of Australia for orders allowing you to have contact time with your grandchildren.

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If the father does not agree with the change of name, he can seek a Court order to prevent the child's name from being changed.