Harty v Chilton [2021] FamCA 34

What rights does a grandparent have when the parents of the grandchildren are separated or when there are questions about who the grandchildren should live with?

In this case there were 3 grandchildren between the ages of 11 and 16 years old. For too long they had been moved about, uprooted time and again, with no settled home they could rely on.

The parents had separated and there were concerns about the children's wellbeing if they were to reside with either parent.

Their grandmother - a steadfast parental figure and bulwark in their lives - applied to the Family Court for parental responsibility.

Was she eligible to apply and was she successful?