Caring for children when you are not the parent
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Children have the right to communicate and spend regular time with parents, relatives and other people important to their welfare. Other people may include grandparents, uncles and aunts and other relatives or unrelated people who are important to the child.
Can I be included in a parenting plan or consent order?
A parenting plan is a written, signed and dated agreement between parents that sets out arrangements for the care of children. It can include other persons important to the children's care, such as grandparents or other relatives. It will only be recognised if it is made without threats or intimidation from the parents or people involved. It will also be recognised if it was registered with the Family Court of Australia before 14 January 2004 (but the court can also set aside this plan if it was made with threats or intimidation). If you have a parenting order made and a parenting plan is later made which is different to the order, then the plan is followed where the parts are different, unless the court says it cannot be changed this way.
You can also be included in 'consent orders' if you and the other persons agree. Consent orders are orders made by the court, with the agreement of both parents (and other people involved). They have the same legal force as other court orders.
Can I apply for a parenting order when I am not the parent?
Grandparents or relatives who are in conflict with a child's parents about arrangements for a child can seek family mediation or family dispute resolution to resolve the issues.
You can apply for a parenting order for a child if you are their parent, grandparent or any other person concerned with their welfare. Parenting orders have legal force. If you apply for a parenting order and are not the child's parent, then the court will need you to go to a conference with a family consultant, to discuss your application before an order is made. This is to discuss the arrangements that you want and to help you understand the effects of the proposed order.
A family consultant is a person who is appointed by the court to help people involved in child-related cases. If you are applying for a parenting order and everyone is not in agreement with this, the case will go to court and a family report will be prepared by the family consultant.
Can I ask the court to include relatives in the parenting order?
If you are a parent applying, you can ask for the order to include your child spending time with their grandparents, other relatives and other important people in their life. The court can also order this.
When the court is making a parenting order the most important issue it considers is what is best for the child ('best interests'). This includes relationships the child has with other people, including grandparents or other relatives.
If children are Aboriginal or Torres Strait Islander, the court must also consider their right to enjoy their own culture, including with others of the same cultural background. This includes grandparents, extended family and other persons who are not biologically related.
The culture and tradition of any child will be considered and this would include sharing that culture and tradition with people from the same background, be they relatives or non relatives.
Where can I get help?
If you want a parenting order, get legal advice because the laws are changing. You must make a genuine effort to sort out your dispute before you can apply to court.
If you are a grandparent or other extended family member affected by family separation you can use Legal Aid Queensland, a Family Relationship Centre, or the Family Relationship Advice Line for information, advice and referral.
Legal Aid Queensland, or a Family Relationship Centre may also provide family dispute resolution sessions which can help you sort out arrangements.
Acknowledgement - Prepared using fact sheets which are copyright to the Commonwealth of Australia and National Legal Aid.