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Caring for children when you are not their parent
Children have the right to communicate and spend time with their parents 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 children.
Parenting orders
You can apply for a parenting order for a child if you are the child’s parent, grandparent or any other person concerned with their welfare. When the court is making a parenting order the main consideration is the children’s best interests. This includes relationships the children have with other people, including grandparents or other relatives.
You must participate in family dispute resolution first before applying for a parenting order. There are exceptions to this, for example where there is family violence, child abuse or the risk of these. See ‘Dispute resolution & parenting orders’ (link below) for information about when exceptions may be made.
If you apply for a parenting order you will 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 to help you understand the effects of the proposed order. See ‘Applying for parenting orders’ (link below) for information about family consultants.
A parent applying for parenting orders can ask the court to include children spending time with their grandparents, other relatives and other important people in their life in the order. The court can also order this.
If you are not the children’s parent and you want to apply for a parenting order, get legal advice.
Culture and tradition
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. See ‘Children & Indigenous culture’ (link below).
The culture and tradition of all children will be considered, including sharing that culture and tradition with people from the same background, whether they are relatives or non-relatives.
Parenting plans
A parenting plan is a signed written agreement between parents that sets out arrangements for the care of children. It can include other people important to the children’s care, such as grandparents or other relatives.
Consent orders
You can also be included in ‘consent orders’ if you and the other parties 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.
Getting help
If you are a grandparent or other extended family member affected by family separation you can use a legal aid commission, Family Relationship Centre or the Family Relationship Advice Line for information, advice and referral.
A legal aid commission or family relationship centre may also provide family dispute resolution sessions, which can help you sort out arrangements. You may also be included in sessions together with separating parents, when this is appropriate. This may be by telephone or video-conference or you may be asked to go to the session. See ‘Getting help’ (link below).
More information
Children and Indigenous culture
Deciding children's best interests
Dispute resolution and parenting orders