Grandparents, babysitting, and property settlements
There’s no doubt grandparents are invaluable to families. They provide support to parents in a number of ways including taking on babysitting duties or even giving financial help.
But can that “help” be counted during a property settlement?
In a recent article, we addressed the court’s position in relation to financial support from grandparents and whether that support was classed as a loan or a gift.
Financial support from grandparents in the form of a gift, and the care of grandchildren, could be considered as “relevant contributions” in a property settlement.
The impact of that contribution will depend on the size of the property pool and the individual circumstances of the case.
The court has expressed a number of views in the past two decades in relation to the care of grandchildren.
In one case, the court decided that “contributions by grandparents of a non-financial kind” may be considered in the property settlement.
However, the judge said the wife in that case was “principally responsible for the care of the children” and that to give “further significant weight to the contributions of the wife’s mother in regard to the same, can be seen as double counting”.
The court is cautious about ensuring babysitting contributions are not “double counted” – in other words, the contribution of grandparents cannot be given any significant weight if the babysitting or money has already been considered part of the grandparents’ overall contribution to the relationship.
In another case, the court decided there were no commercial elements in respect of the wife’s parents’ care of the child involved. However, the judge did say the wife’s parenting of the child after separating from her partner was at a “greater level” than that of her former husband.
“I am concerned not to ‘double count’,” the judge said.
“Nonetheless in my view, the contributions made by the wife’s family in this regard should not be ignored.
“Furthermore, the wife will continue to be reliant upon assistance from her parents in the care of the child in the future if she is to continue with employment.
“This will continue for quite a number of years to come, given the child’s age. As I have already recorded, the husband does not need to make such arrangements, given the flexible nature of his working arrangement.”
If your parents have helped care for your children while you and your former spouse or partner worked, it is likely the court will give some weight to your parents’ contributions.
However, the court has a wide discretion and its view on the weight to be attached (if any) to the caregiving contributions of grandparents will depend on the facts of the individual case.
If you have separated from your spouse or partner and would like some tailored advice regarding a property settlement or parenting matters, please contact Michael Lynch Family Lawyers on: (07) 3221 4300 or email: [email protected] to book a no-obligation, fixed fee initial consultation.
