Disclaimer: The material in this print-out relates to the law as it applies in the state of Victoria. It is intended as a general guide only. Readers should not act on the basis of any material in this print-out without getting legal advice about their own particular situations. Victoria Legal Aid disclaims any liability howsoever caused to any person in respect of any action taken in reliance on the contents of the publication.

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Caring for children when you are not their parent

How to make care arrangements and get help for children.

You might need to care for a child when you are not their parent. They may be your grandchild, niece, nephew or another child in your family.

This can happen for many reasons and may be temporary or long term.

Taking on the care of a child can happen suddenly and can be stressful. Support is available to help you understand your options. To learn more, go to Other support for parenting arrangements and child contact.

You might care for a child or children if the parents cannot care for them.

For example, the parents may:

  • have drug or alcohol problems
  • have mental health problems
  • be in jail
  • be living away from home for work or study
  • have had their child removed from their care by child protection agencies.

Depending on your situation, you may be able to:

  • make formal or informal care arrangements
  • get financial support.

If Child Protection is involved in a child’s care and there are Children’s Court orders, speak to a lawyer. Caring for a child when Child Protection is involved can be difficult. Go to Child protection for more information and support.

Make care arrangements

If a child is living with you, it can help to have arrangements about their care.

These arrangements can cover:

  • where the child lives
  • who the child spends time and communicates with
  • school or childcare
  • medical issues
  • religious or cultural practices
  • financial support for the child
  • who will make day-to-day and long-term decisions about the child
  • how you will sort out any disagreements about parenting arrangements.

Having formal arrangements, like a parenting order, can help if you need to show that you are caring for the child.

For example, you may need to:

  • apply for financial support
  • give consent to medical treatment for the child
  • enrol the child in school or childcare.

Parenting orders

A parenting order is a type of court order that sets out arrangements for the care of children. The order can say that you have parental responsibility or decision making powers for the child or children in your care.

You can apply for parenting orders through the Federal Circuit and Family Court of Australia. For information about how to apply, go to Applying for parenting orders.

You may want parenting orders if:

  • there is disagreement about the child's care
  • you are worried someone will not follow an agreement
  • you need a more formal arrangement.

Before applying for parenting orders, you usually need to try family dispute resolution. Family dispute resolution is a type of mediation that helps people reach agreement about care arrangements for children without going to court. To learn more, go to Using family dispute resolution.

Parenting plans

A parenting plan is a signed written agreement about care arrangements for the children.

You do not need to see a lawyer or go to court to create a parenting plan. However, it is helpful to get legal advice before signing an agreement.

Informal agreements

You may be able to agree with the child's parents about who will care for the child and how decisions will be made.

You do not have to sign documents or go to court to make an informal agreement.

Informal agreements usually work best when everyone trusts each other and communicates well.

Get financial support

Government payments and Medicare

If you are caring for a child and you are not their parent, you may be able to get government payments.

The Services Australia website has information about payments for non-parent carers. Go to Support for foster carers and other non-parent carers.

You can also claim Medicare benefits for the child’s medical expenses while they are in your care.

Child support from the parents

You may be able to get child support from the child’s parents while the child is in your care. Child support is complex. It is a good idea to get legal advice if you can.

For more information about child support, go to Non-parent carer on the Services Australia website.

Child maintenance

If you cannot get child support, you might be able to get a child maintenance order from the Federal Circuit and Family Court of Australia. This is only possible in limited circumstances.

This is a complex issue. Get legal advice, if you can.

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