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This information is general and should not be a substitute for legal advice. The Legal Services Commission provides free advice for most legal problems. Contact the Legal Helpline on 1300 366 424 or visit www.lsc.sa.gov.au or www.lawhandbook.sa.gov.au
Are you a grandparent who is raising a grandchild? Do you look after a grandchild for long periods of time, or are you their primary carer all the time? Are you thinking about doing this? If so, this fact sheet is for you.
This fact sheet is not for people who regularly babysit, such as those who care for a grandchild while their parents work or study.
The information in this fact sheet may also apply to other extended family members who may have a child relative in their care, for example, aunts, uncles or cousins.
In Australia family law deals with:
The law says that a child has the right to be cared for by both parents, regardless of whether their parents are together or apart.
The law also grants a child the 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 court will make decisions about this based on what it considers to be in the best interests of the child. This is the most important consideration in any case about the arrangements for children.
The court is not persuaded by the rights of the parents or the grandparents. It is most concerned with 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.
As a grandparent you may find yourself looking after your grandchild if the parent(s) of that child cannot care for them. This may be becuase the parents:
The parents may agree to this arrangement. Or you may have been the primary carer for your grandchild for a while and the parent wishes to take the child back into their care. In this case, call the free Legal Helpline on 1300 366 424 for free and confidential legal advice.
If you have a grandchild in your care you may wonder whether you need to do anything formal or official. It may be useful to formalise the arrangement if, for example, evidence of care is required for accessing education and health services, for Centrelink or child support or when consenting to medical treatment for your grandchild.
Parents will often reach 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. This can be done verbally (informally) without signing any documents or going to court.
You may be able to agree with the parents of your grandchild about your involvement in the child’s care. This option works well if everybody involved trusts each other and can communicate with each other.
If you need evidence of your caring-giving status to access South Australian state government services, you may wish to make an Informal Relative Caregiver Statutory Declaration available on the Grandcarers SA website at grandcarers.au, and provide a copy to these services.
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 are another way of formalising an agreement for the living and care arrangements of a child. Consent orders can be filed with the court. This option gives the parties some protection if someone breaches the agreement. The orders can then be enforced.
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.
If you have a grandchild in your care, you may be eligible for financial support from the government. Services Australia has Grandparent, Foster and Kinship Carer Advisers who can provide tailored information about Centrelink, Medicare benefits and child support options for non-parent carers. Call 1800 245 965 or visit servicesaustralia.gov.au/support-for-grandparent-carers.
You may be entitled to child support payments from your grandchild’s parents. Child support entitlements are complex and you should seek legal advice before applying.
Call the Legal Services Commission on 8111 5576 or email childsupportunit@lsc.sa.gov.au to make an appointment for free and confidential legal advice about child support.
If you have a grandchild in your care, you should consider seeking legal advice about your individual circumstances.
The Legal Services Commission's Legal Helpline provides free and confidential legal advice, information and referrals to other relevant services. Call 1300 366 424 between 9:00 am and 4:30 pm Monday to Friday.
The Legal Services Commission also operates an online Legal Chat during the same hours. Simply click the Legal Chat icon in the bottom right-hand corner of our website (lsc.sa.gov.au).
For advice specific to your circumstances, you may be able to make an appointment to speak with a lawyer either by phone or face‑to-face at one of our city, suburban or regional offices. These are generally short appointments in which brief advice is given. Call the Legal Helpline on 1300 366 424 to book an appointment.
If you need to go to the Family and Federal Circuit Court for a family law case, you may be able to get advice from the FASS duty lawyer based at the court on the day if you have not had time to get legal help. Duty lawyers are very busy so it is best to get legal advice before you go to court.
If you need more assistance than legal advice, you may be eligible for legal aid to cover the costs of a lawyer acting for you. To learn more, visit lsc.sa.gov.au or call 1300 366 424.
FDR is facilitated by a Family Dispute Resolution Practitioner who is independent and will work with you and the parents to find a solution to your dispute. This is generally required before making an application to court, but there are some exceptions.
If you receive legal aid and cannot reach an agreement with the parents you may need to attend a conference, assisted by your lawyer. See our Family Law Conferencing brochure for more information. If agreement is reached, consent orders may be drafted and filed with the court.
8 February 2024
We embrace diversity and welcome all people, irrespective of culture, faith, sexual orientation and gender identity.
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Legal Services acknowledges Aboriginal people as the Traditional Owners and ongoing occupants of the lands and waters in South Australia and we respect their spiritual, cultural and heritage beliefs. We recognise their continuing connection to land, water and community and pay our deep respect to Elders past and present.
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