Whether you can meet your grandchildren when your son separates with his wife?

When parents separate, this will almost always affect the arrangements for the children to spend time with their grandparents.

Suppose for example, your son has separated from his wife or partner and the children are living with your daughter-in-law. Usually, you would arrange with your son to see the children when they are spending time with him.

However, there are all sorts of situations in which you can find yourself unable to see your grandchildren.

For example, your daughter-in-law may be refusing to let your son or you spend time with the children. Perhaps your son is unable to spend time with the children for some other reason. He may be in prison, be extremely ill, or be overseas, for example. Or you may have fallen out with both your son and daughter-in-law and they are not allowing you to spend time with the grandchildren.

Whatever your personal circumstances, the best interests of the children are paramount in any decisions about where children live and who they spend time with. This means that what is best for the children comes before the wishes of parents or grandparents. It means that you do not have an automatic 'right' to see your grandchildren as such, but it also means that it does not depend entirely on the whim of a parent.

You may be able to make an application to a Family Law Court to spend time with your grandchildren.

As the decision will be made on the basis of what is best for each child, the facts of each case are important and the history of your relationship with the children is crucial.

Suppose for example, that:

• your son and daughter-in-law both have histories of drug-taking;
• you had to step in to care for the children on a number of occasions before they separated;
• you have very close relationships with the children;
• you have fallen out with your daughter-in-law who will not let you spend time with the children; and
• your son can only see the children for a very restricted time on a supervised basis because of allegations against him, and he does not want you there during his time.

A court might decide that it would be in the best interests of the children to maintain their relationships with you, separate to the arrangement for your son to spend time with the children, so that you can continue to provide the stability and positive family relationships that you have always provided for the children.

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