Grandparents are often important figures in children's lives. They may provide their grandchildren with care, love and support, while simultaneously imparting a sense of family history. They may also provide financial support to their children's families, especially in times of crisis. Indeed, Mutchler and Baker (2009) showed that children in single-mother families who lived with grandparents were less likely than other children in single-mother families to experience poverty.

Recent research by Horsfall and Dempsey (2011) suggested that around one-half of grandparents spend time with their grandchildren at least once a week, and just under three-quarters spend time with them at least once a month. This time can take several forms; for example, many grandparents provide child care, especially for children under the age of five years (Australian Bureau of Statistics [ABS], 2006), while some assume full responsibility for raising their grandchildren (ABS, 2008; Ochiltree, 2006).

When parents are separating, grandparents can provide their grandchildren with a sense of stability and continuity. This is especially the case when they have already developed a productive, meaningful relationship with their grandchildren. In such circumstances, grandparents are in a strong position to help their grandchildren understand that parental separation is not their fault, that both parents still love them, and that the disruptions in their lives are likely to dissipate or be significantly reduced with time.

At the same time, it is important to recognise that the dynamics of post-separation relationships between grandparents, grandchildren and the parents of these grandchildren can be complex. It is therefore not axiomatic that maintaining these inter-generational relationships will always be of benefit to the family. By "taking sides", some grandparents add fuel to the conflict between the parents and thereby add to the distress of the grandchildren. In addition, not all grandparents have good relationships with their own adult children and not all parents welcome the input that grandparents might provide at this time.

Previous research suggests that following the separation of their adult children, some grandparents have little opportunity to maintain or strengthen their bond with their grandchildren, and may even lose contact altogether. In particular, grandchildren whose parents have separated are more likely to have an ongoing relationship with their maternal rather than their paternal grandparents. This in turn reflects the fact that grandchildren usually live mostly with their mother after separation (Weston et al., 2011) and are also likely to have established stronger relationships with their maternal rather than paternal grandparents prior to separation (Cherlin & Furstenberg, 1986; Lussier, Deater-Deckard, Dunn, & Davies, 2002; Weston, 1992). Analysis of data from the General Population of Parents Survey, conducted in 2009 (GPPS 2009), confirmed these findings, revealing that while separated parents typically reported that the relationship between their own parents and their children was not affected by separation, non-residents fathers were more likely than resident fathers and mothers to report that this relationship had become distant (Weston & Qu 2009).¹

One of the aims of the 2006 family law reforms was to lessen the potential for parental separation to diminish or sever the relationship between children and their grandparents and other people who play a significant and beneficial role in children's lives. The Family Law Amendment (Shared Parental Responsibility) Act 2006 (Cth) recognises that "children have a right to spend time on a regular basis with, and communicate with, both their parents and other people significant to their care, welfare and development (such as grandparents and other relatives)" (s60B(2)(b)). The legislation recognises the important role that grandparents (and other significant individuals, including relatives) can play in children's lives following the separation of their parents. The Government's stated objective behind this change was to "facilitate greater involvement of extended family members in the lives of children."²

This article addresses the following questions:

• What are parents' views in general about children maintaining contact with each set of grandparents after their parents separate?
• How common is it for parents to consider grandparenting time when developing their post-separation parenting arrangements?
• To what extent have family lawyers and relationship service practitioners noticed any change in the number of grandparents seeking their advice about issues in relation to the time they spend with their grandchildren?
• What impact do grandparents believe the 2006 reforms have had on their capacity to remain involved with their grandchildren?

Attitudes concerning children maintaining contact with their grandparents after parental separation

In the GPPS 2009, parents were asked to indicate their level of agreement or disagreement with the following statement: "It is important for children to maintain the same level of contact with their grandparents on both sides after parental separation". The response options were: "strongly agree", "agree", "mixed feelings", "disagree", and "strongly disagree". Some parents expressed uncertainty, and these responses have been combined with the "mixed feelings" category.

Nine in ten fathers and mothers agreed (either strongly or moderately) with this statement, with slightly more mothers than fathers reporting strong agreement (45% vs 39%). Few fathers and mothers disagreed (about 3%), and small proportions had mixed feelings (6-7%).

Figure 1 shows the patterns of answers provided by parents (both non-separated and separated with different care-time arrangements) regarding whether they considered that if parents separate it is important that children continue to maintain the same level of contact with their grandparents on both sides.³

Figure 1: Parents' agreement that grandchildren should maintain the same contact with grandparents on both sides after separation, by whether separated and by post-separation residence status, 2009

Note: The results for non-resident mothers and mothers with equal care-time arrangements are not reported owing to the small number of cases.

Source: GPPS 2009

Strong agreement was expressed by 37-51% of parents across the groups, with the proportions being highest among fathers who had equal care time arrangements (51%) and non-resident fathers (48%), and lowest for fathers who had not separated (37%) and resident fathers (40%). Nevertheless, the overwhelming majority of parents in all groups agreed either strongly or moderately with the statement (between 85% and 94%).

These results suggest that attitudes of Australian parents, including those who have separated, are very consistent with the objective of the reforms: to facilitate the continued involvement of grandparents in the lives of their grandchildren after parental separation.

Consideration of spending time with grandparents when making parenting arrangements

Three surveys - the 2008 Longitudinal Study of Separated Families; the 2009 Looking Back Survey; and the 2009 Grandparents in Separated Families Study - included questions on whether their focus child⁴ spending time with grandparents was taken into account when the parents were sorting out their parenting arrangements. It should be noted that parents in LSSF 2008 had separated after 1 July 2006, when the 2006 family law reforms commenced their roll-out, while those in LBS 2009 had separated 1-2.5 years before the reforms came into force. The questions asked are listed in Box 2.

In developing their parenting arrangements, it appears that consideration of children's time with their grandparents was by no means uncommon for parents who separated 1-2.5 years prior to the reforms (reported by 40% of parents in the LBS 2009). However, this percentage is somewhat lower than that reported by parents who had separated post-reform (53% of parents in the LSSF 2008). In the LSSF 2008, a similar proportion of fathers and mothers indicated that time with grandparents had been taken into account during the process of sorting out parenting arrangements for their child (52% and 53% respectively). In the LBS 2009, on the other hand, a higher proportion of mothers reported this than fathers (48% compared to 38%).

Grandparents in the GSFS 2009 also commonly indicated that their time with the focus grandchild was taken into account when the parents of this child separated. Specifically, 53% of grandparents reported that their time with the grandchild was taken into account either fully or to a fair extent, while 34% said that this was not the case, and 13% expressed uncertainty.

Parents in LSSF 2008 and LBS 2009 were also asked to indicate whether their arrangements were mainly reached through: (a) counselling, mediation or dispute resolution services; (b) a lawyer; (c) the courts; or (d) discussions with the other parent; or whether the arrangements (e) "just happened".

The extent to which grandparenting time was considered in the development of post-separation parenting arrangements by these main pathways is shown in Figure 2.⁵ Parents who had separated post-reform were more likely than their "pre-reform counterparts" to report that time spent with grandparents had been taken into account, regardless of the main pathway taken. The difference was most pronounced with respect to the "discussions with the other parent" pathway and least pronounced with respect to reliance on lawyers.

Figure 2: Parents indicating that time spent with grandparents was taken into account when deciding parenting arrangements for focus child, by main pathways, parent reports

Source: LSSF 2008, LBS 2009

In short, although some grandparents go to considerable lengths to see their grandchildren, the above-mentioned figures suggest that there may be more willingness among post-reform separated parents to include grandparents in the post-separation parenting equation. The trend is not linked to one resolution or decision-making pathway, though it is least pronounced when lawyers were nominated as the main pathway.

Although a substantial proportion of the separated parents in the pre- and post-reform samples of parents (LSSF 2008 and LBS 2009) and grandparents (GSFS 2009) reported that time spent with grandparents was considered in developing their parenting arrangements, some grandparents who participated in the focus groups in the GSFS indicated that they had to fight through the legal system to have access to their grandchildren. For example:

I see him [the grandchild] more regular now … because I won … I see him once a fortnight … But I had to go through nine months' court to do it because she said I wasn't going to see him and we tried all the mediation. I went through everything I could. (Paternal grandmother, grandchild lived with mother)

I was adamant at the outset as [grandchild's] grandmother that I wouldn't lose any contact - I mean, I would have flown to the end of the earth if I had to. But it simply wasn't viable and there was no … I wasn't going to lose that contact. As a consequence of that, myself and my husband have a very close relationship with [the grandchild]. (Paternal grandmother, grandchild lived with mother)

It was clear from the discussion in the grandparents focus groups that there were also a number of grandparents who had no choice but to remain involved. At the most extreme end of the spectrum were grandparents who had become de facto parents to their grandchildren due to varied circumstances.

Family lawyers' and family relationship practitioners' perceptions of grandparenting under the 2006 family law reforms

The Family Lawyers Survey 2008 was designed in part to throw some light on the impact of the insertion into the Family Law Amendment Bill 2006 of the principle that recognised the child's right to spend time and communicate on a regular basis with people, including grandparents, who played a significant role in their care, welfare and development. Two questions in the survey attempted to gauge whether family lawyers had noticed an increase in grandparents seeking advice and the tenor of the advice they may be given. These were: (a) "Since the reforms, more grandparents are seeking advice"; and (b) "Since the reforms, I am more inclined to advise grandparents that they are in a stronger position in relation to spending time with their grandchildren".

The survey suggests that half the family lawyers surveyed thought that there had been an increase in the extent to which grandparents were seeking advice. On the other hand, 37% disagreed with this proposition, and the remainder were unable to say. The majority of family lawyers (57%) agreed that, since the reforms, they were more inclined to advise grandparents that they were in a stronger position in relation to spending time with their grandchildren. But again, 34% disagreed and 10% were unable to say.

In the Survey of FRSP Staff 2008, respondents were asked a series of questions to gauge the extent to which parents and grandparents were seeking to increase the time that children spent with their grandparents since the reforms came into effect. The results are summarised in Figures 3a-3c.

Figure 3a: Agreement by FRSP staff that since the reforms an increasing proportion of fathers wanted their children to spend time with their grandparents, by service type, 2008

Notes: FRAL = Family Relationship Advice Line; FRCs = Family Relationship Centres; FDR = family dispute resolution services; Other PSSs = Other post-separation services; and EISs = early intervention services.

Figure 3b: Agreement by FRSP staff that since the reforms an increasing proportion of mothers wanted their children to spend time with their grandparents, by service type, 2008

Notes: FRAL = Family Relationship Advice Line; FRCs = Family Relationship Centres; FDR = family dispute resolution services; Other PSSs = Other post-separation services; and EISs = early intervention services.

Figure 3c: Agreement by FRSP staff that since the reforms an increasing proportion of grandparents wanted to spend time with their grandchildren, by service type, 2008

Notes: FRAL = Family Relationship Advice Line; FRCs = Family Relationship Centres; FDR = family dispute resolution services; Other PSSs = Other post-separation services; and EISs = early intervention services.

Substantial numbers of FRSP early intervention staff members⁶ felt unable to answer the three questions posed in Figures 3a-3c, but of those who did, most of them agreed or strongly agreed that since the 2006 reforms, their service had seen an increase in fathers, mothers and grandparents (taken separately) wanting the children to spend time with the grandparents. Only small percentages disagreed or strongly disagreed.

About three-quarters of Family Relationship Centre staff members agreed (strongly or otherwise) that among their service's clientele, the proportion of mothers and fathers wanting their children to spend time with their grandparents had increased, and 62% agreed that there had been an increase in the proportion of grandparents wanting to spend time with their grandchildren. Only small proportions of Family Relationship Centre staff disagreed (strongly or moderately) that there had been an increase in the proportion of mothers and fathers wanting their children to spend time with their grandparents; but almost a third disagreed that there had been an increase in the proportion of grandparents among their clients wanting to spend time with their grandchildren.

Staff from family dispute resolution services appeared to be less inclined than their counterparts from FRCs to report having experienced an increase among their clients (fathers and mothers) wanting their children to spend more time with grandparents (24-39%).

The discrepancy in responses from FRC and FDR staff suggests that, at the time of the survey, the services may have had quite different cultures and/or may have been attracting different clienteles. One obvious difference is that after the 2006 reforms, FDR services continued (as they had in the past) to charge a fee, whereas family dispute resolution that occurred in an FRC was free for the first three hours. In addition, it is important to note that Family Relationship Centres offer considerably more than family dispute resolution services, and not all FRC staff members are family dispute resolution practitioners.⁷ Responses of Family Relationship Centre staff are much more in line with those of Family Relationship Advice Line staff. This may reflect the fact that, unlike family dispute resolution services, both Family Relationship Centres and the Family Relationship Advice Line grew directly out of the 2006 reforms and may have been culturally more strongly connected with the reforms' aspirations.

Of the other post-separation service staff, 45% agreed or strongly agreed that their service had seen an increasing proportion of fathers wanting their children to spend more time with their grandparents and 33% agreed that this was the case with mothers. Large minorities (40% and 44% respectively) were unable to say, while 15% and 22% respectively disagreed or strongly disagreed with these propositions. Half of this group agreed or strongly agreed that there had been an increase in grandparents wanting to spend time with their grandchildren, but 18% disagreed or strongly disagreed with this proposition and 32% were unable to say.

Grandparents' perceptions and knowledge about the 2006 family law reforms

Grandparents who participated in the GSFS 2009 were asked whether they were aware of the 2006 changes in the Family Law Act that recognise the right of children to have a relationship with their parents and others important to them, including grandparents. They were asked to indicate whether they were "fully aware", "to a fair extent", "a little" or "not at all aware". They were also asked if, in their opinion, the legislative changes would make any difference in helping children to maintain contact with their grandparents, by indicating if they thought the reforms would be: "a great deal of help", "some help" or "no help at all". In interpreting the patterns of responses, it should be kept in mind that the sample of grandparents is not representative of those who filled the criteria adopted for recruitment (having at least one grandchild aged 2-10 years whose parents separated between 1 January 2004 and 31 December 2008) (see Text Box 1 for details about the sample recruitment).

At least four in ten of these grandparents indicated that they were aware of the explicit reference to grandparents in the legislation, with 17% indicating that they were fully aware of the reference and 27% stating that they had some knowledge of it, while 54% were either a little or not at all aware of the reference and a small number (2%) were not sure about this issue. Grandparents tended to welcome the legislative changes, with 42% reporting that the explicit reference to grandparents would greatly help grandchildren to maintain contact with their grandparents, 38% considering that this would be "some help", and only 13% indicating the change would provide "no help at all". Eight per cent expressed no opinion on this issue.

At the same time, the focus group discussions with grandparents revealed that although they may have heard or read about them, almost all of the grandparents had only a rudimentary understanding of the 2006 family law reforms or of the services that had been established or expanded. For example:

I thought there were some changes to the financial side of it and, as you said, the amount of time you spend - whether it's 50-50, 60-40 - but the contribution from the father, money coming from the father, was actually less now than it was before. (Maternal grandmother, grandchild lived with mother)

The only thing I recently read was they are actually reviewing 50-50 custody. Is that currently happening? (Maternal grandmother, grandchild in shared care time)

I only heard that grandparents now have rights; that's all I heard. I didn't hear how you had rights, but I just hear that grandparents now have rights. (Maternal grandmother, grandchild with shared care time)

I don't know a lot about them. I remembered when they were talked about and I read a little bit about [them]. I asked my son what was going to happen. He said that he felt it was going to be a fairer system between him and his ex-wife. (Paternal grandmother, grandchild lived with mother)

A few grandparents had been proactive in their search for service options.

If I find things in The Age about family violence or children, separate parents or - and they've usually got a web page or they've got a contact number - I've chopped those out and I fold them into a little thing and I say here's some compulsory reading. We laugh. Other things as well that I think are interesting for child rearing. But at the library, it has the pamphlets on all manner of things. I've seen things there on your role as a parent and grandparent and children and those sorts of things, so I think that's a source. (Maternal grandparent, child living in shared care arrangement)

The extent to which such searches were inspired by the reforms was not clear. Certainly there was very little evidence of direct knowledge of the non-legal services that were available for these grandparents, their adult children or their grandchildren. For example, few grandparents in the focus groups were aware of the existence of more than one of a list of relevant services shown to them at the time⁸ and many seemed inclined to continue to see child and relationship issues arising out of separation within the more traditional framework of being essentially legal problems.

Discussion

The data reported in this paper suggest that there is a widely held view among parents that it is important to maintain the same level of contact with grandparents as was occurring before parental separation. This is consistent with the recognition in the 2006 family law reforms that children have a right to maintain their relationship with their grandparents and other people who play a significant and beneficial role in their lives.

A majority of post-reform parents who had sorted out their parenting arrangements felt that time spent with grandparents had been taken into account, and most grandparents confirmed this perception. Pre-reform separated parents, on the other hand, were less likely to have taken grandparents into account. This change is consistent with the aspirations of the reforms. In addition, there is evidence from family lawyers and family relationship practitioners (especially those working in Family Relationship Centres and the Family Relationship Advice Line) that following the 2006 family law reforms, more parents and grandparents had sought advice about the time spent between grandchildren and grandparents as a result of separation.

It is also important to recognise that the data reported here speaks to changes in attitudes and practices that were taking place quite soon after the 2006 reforms had been put in place.

While most grandparents who elected to participate in the survey of grandparents attested to the fact that that their relationship with their grandchildren had been considered, there was also evidence that they had very little knowledge of the services available to assist them in achieving their goals in this respect, and only a rudimentary knowledge (if at all) of the aims of the reforms that refer to grandparents.

In addition, although the data suggest that grandparenting issues are more prominent in the post-reform environment, it also remains the case that the pragmatics of post-separation child care arrangements continue to have a flow-on effect for many grandparents and grandchildren. By this we mean that because mothers continue to be the major post-separation carers of their children in most cases, there is likely to be less time available for paternal grandparents to spend time with their grandchildren. Of course, some mothers with major care obligations will nonetheless encourage continued paternal grandparenting involvement, but the practical as well as emotional difficulties that pertain in such circumstances can be considerable. It also needs to be acknowledged that, like all relationships, grandparenting covers a wide range of activities and levels of commitment.

Finally, it seems likely that if the legislation continues to act in the direction detected in the research to date, new generations of grandparents will become increasingly knowledgeable about family law systems and services and will increasingly be willing to pursue their grandchildren's rights, under normal circumstances, to maintain and continue to develop relationship with their grandparents.