My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise but a guide to assist you.
They have to put on their own application and be joined in the proceedings.
They will have to go through mediation and if that fails then sue. Section 65C of the family law act recognises their right and the right of the children to spend time with grandparents.
If you are the grandparent
You should contact your closest family relationship centre. This is a free service provided by the Federal Government. Their website is
You can find your closest one on there.
The web-site also have alot of useful information and links to assist you.
Before going to court you must obtain a certificate from a family dispute resolution practitioner. You get this through the free service provided at the family relationship centres.
If you need to go to court then you will need to file an application in the Family Court or the Federal Circuit Court
http://www.familycourt.gov.au and http://www.federalcircuitcourt.gov.au
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