Caring for children when you are not their parent

If your children are in someone else's care and you think they may be in danger, contact the police. In an emergency, call 000.

If you’re concerned about the welfare of a child who is not your own, and want to be involved in their upbringing, there are steps you can take.

You might be:

  • a grandparent
  • an uncle or aunt
  • another relative
  • an unrelated person important to the child.

When you need legal advice

Get legal advice if:

  • you need a parenting order for a child when you’re not their parent
  • existing parenting orders or arrangements for children are not working
  • you’re considering participating in family dispute resolution to help sort out arrangements about a child.

How to get legal advice

How can you help care for a child who is not your own?

If you are concerned about a child’s welfare, there are steps you can take:

  1. The first step is to try to agree on parenting arrangements with the parents.
  2. If you can’t reach an agreement, you might need to try family dispute resolution.
  3. If this doesn’t work, you can apply to the court for a parenting order.

Parenting plans and consent orders

Both parents must participate in the making of parenting plans and consent orders.

A parenting plan is a signed written agreement between parents setting out arrangements for the children’s care. It can include other people important to the children’s care, such as grandparents or other relatives.

A consent order is a written agreement between the parents (and others important to the child) approved by the court. A consent order has the same legal force as other court orders.

Parenting orders

If you can’t agree on a parenting plan, you can apply to the court to make a decision.

You can apply for a parenting order for a child if you’re:

  • their parent
  • grandparent
  • any other person concerned with their welfare.

When making a parenting order, the court:

  • will put the children’s best interests first
  • must, if children are of Aboriginal or Torres Strait Islander descent, also consider their right to enjoy their culture, including spending time with other people from the same cultural background
  • can include who the child will spend time with, like their grandparents, other relatives, or other people important to them.

Applying for parenting orders

If you want to apply for a parenting order, you must first participate in family dispute resolution—unless there is, or a risk of, family violence or child abuse. 

Once you apply, you may have a meeting with a family consultant to discuss your application before an order is made. This is to discuss the arrangements that you want and help you understand the effects of the proposed order.

Learn what the court considers when making parenting orders.

Ailan Kastom child rearing practice in Torres Strait Islander families

Ailan Kastom is a cultural practice where a child’s biological (birth) parents agree for another couple (the culture parents) within their extended family to permanently raise their biological child as the culture parents’ own.

If you are a culture parent, you can apply to have your child’s legal identity changed to be part of your family.

Learn more about Ailan Kastom child rearing practice. 

Getting help

If you’re a grandparent or an extended family member affected by family separation, you can get information, advice or referrals from Legal Aid Queensland, a Family Relationship Centre or the Family Relationship Advice Line.

How to get legal advice

We may give legal advice on caring for children when you’re not their parent.

Contact us

Other places to get legal advice:

Who else can help?

Related information

Disclaimer: This content is for general purposes only and not legal advice. If you have a legal problem, please contact us or speak to a lawyer. View our full disclaimer.

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