Are you a grandparent who is raising a grandchild? Do you look after a grandchild for long periods of time? Are you thinking about doing this? If so, this pamphlet has been written for you.
This pamphlet is not for people who do regular babysitting, for example, caring for a grandchild while the parents are working or studying.
The information in this pamphlet may also apply to other extended family members who may have a child relative in their care, for example, aunts, uncles or cousins.
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Having a grandchild in your care (PDF - 570 KB)
How family law applies to you
In Australia family law deals with:
- separation and divorce
- who a child lives with and spends time with
- how property is divided.
The law says that a child has the right to be cared for by both parents, regardless of whether their parents are married, separated, have never married or have never lived together.
The law says that a child has a right to communicate and spend time on a regular basis with both their parents and other people significant to their care, welfare and development (such as grandparents and other relatives).
The family court will make decisions about this based on what it considers to be in the child’s best interests. The best interests of the child are the most important thing in any family law case.
It is not the parents’ right or your rights as a grandparent, which is important. It is the needs of the child and their right to spend time with both parents, and other significant people such as grandparents.
A grandparent does not automatically have the right to spend time with their grandchild or have their grandchild live with them.
When you have a grandchild in your care
As a grandparent you may find yourself looking after your grandchild if the parent/s of that child cannot care for that child, because for example:
- they have drug or alcohol problems
- they have mental health problems
- they are in jail
- they are working or studying away from home
- the child has been removed from their care by state child protection agencies.
It may also be that you have been the primary carer for your grandchild for a while and the parent wishes to take the child back into their care.
What you can do
If you have a grandchild in your care you may want to know if you need to do anything formal or official. You may want to have this arrangement formalised if, for example, evidence of care is required for Centrelink purposes or when consenting to medical treatment for your grandchild.
Verbal or informal agreement
When parents separate they will often come to an agreement about who the child will live with, who the child will spend time with and other areas of the child’s life such as schooling and medical treatment, etc. This can be done verbally (informally) without signing any documents or going to court.
You may be able to come to an agreement with the parents of your grandchild about your involvement in the child’s care arrangements. This option works well if everybody involved trusts each other and can talk well with each other.
Parenting plan
Sometimes parents prefer to have their agreements put in writing. This can be done in a parenting plan. The plan states, in writing, the living and care arrangements for their child. Parenting plans can be changed by agreement if future arrangements for the child change.
You may prefer this option if you feel more comfortable having a written agreement with the parents about your grandchild’s living and care arrangements.
Consent orders
Consent orders are another way of formalising an agreement for the living and care arrangements for a child. Consent orders can be registered with the family court. This option gives the parties some protection if the agreement is broken by one of them. The family court can then enforce the agreement.
You may prefer to have consent orders prepared if you have any concerns about one of the parents sticking to the agreement you have with them about your grandchild.
Financial support
Government payments
If you have a grandchild in your care, there are a number of payments you may be able to get. Contact the Family Assistance Office on 136 150 for assistance.
Medicare benefits
You can claim Medicare benefits for medical expenses for your grandchild whilst they are in your care. Contact Medicare on 132 011.
Child support
It may be possible to get child support payments from your grandchild’s parents. Child support can be a complex part of family law. It is important to get legal advice about this before you apply. You can get legal advice about child support from any legal aid commission or some community legal centres.
Help at legal aid
The first step is to get legal advice about your individual circumstances.
Telephone information and legal advice
Call the Legal Aid telephone service. This service provides free information and/or can refer you to other services which may help.
Legal advice
You may be able to go to your local legal aid office to speak to a lawyer face-to-face in private, or obtain an advice session over the phone. These are generally short sessions in which brief advice is given. Most legal aid offices provide this service free of charge, however, some may require a small fee. Contact the telephone service to find out the availability of these sessions.
Family court duty lawyer
If you need to go to court you may be able to see a duty solicitor on the day for advice if you have not had time to get legal help.
Duty solicitors are very busy so it is always best to get legal help before you go to court.
Family law information sessions
Legal aid lawyers sometimes run family law information sessions.
These sessions give information only. Legal advice is not given on individual cases at these sessions. Contact your local legal aid office to find out if there are any family law information sessions offered in your area.
Representation
Once you have received some advice, you may need to apply for legal aid. If legal aid is granted, you will have a legal aid lawyer represent you in your matter.
Family dispute resolution conferences
These conferences aim to resolve family disputes at an early stage. Everyone involved has a chance to work out an agreement without going to court. If agreement is reached, consent orders may be drafted and filed with the family court.
You may need to go to one of these conferences if you receive legal aid for your family law matter and cannot reach agreement with the other party.
For further information
Contact Legal Aid Queensland on 1300 65 11 88 or visit our website.
© 2011 This resource was produced by legal aid commissions throughout Australia who assert moral rights under the Copyright Act. This material may be reproduced, or excerpted, provided it is not changed, and authorship of legal aid commissions is acknowledged.
The material in this publication is intended as a general guide only. Readers should not act on the basis of any material in this publication without getting legal advice about their own particular situations. The legal aid commission in this state or territory expressly disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of this publication.