In Australia, it’s becoming increasingly common for grandparents to step in and provide regular care for their grandchildren while the parents are at work. This can range from helping with school pick-ups to full-time caregiving.
While the experience can be deeply fulfilling, it also raises important legal and financial questions for grandparents.
What rights do grandparents have? What financial assistance is available? How can care arrangements be formalised? In this article, we’ll explore these key questions and more to help grandparents understand their roles and responsibilities when taking on this important task.
What Legal Rights Do Grandparents Have When Caring for Their Grandchildren?
Many grandparents provide care for their grandchildren, but what rights do they have when doing so? In Australia, grandparents don’t automatically have legal rights to make decisions about their grandchildren unless formal arrangements are put in place.
Grandparents as Informal Carers
If you’re a grandparent providing informal care, such as helping with school drop-offs or babysitting while the parents work, you may not have legal rights over decisions about your grandchild’s welfare.
This means that while you can help with day-to-day care, you may not have the authority to make major decisions, like schooling or medical treatment.
When Grandparents Become Primary Carers
If you are the primary carer—meaning you look after your grandchild most of the time—you may want to formalise the care arrangement. This could give you greater legal rights and responsibilities. Formalising the arrangement helps ensure that you can make important decisions about the child’s health, education, and welfare.
Formal Care Arrangements and Court Orders
Grandparents can apply to the Family Court for formal care arrangements through parenting orders or a legal guardianship arrangement. These court orders can:
- Outline who the child lives with
- Define the level of contact the child has with their parents
- Specify decision-making responsibilities
The Family Court will always consider the best interests of the child when making decisions about care arrangements. If you’re unsure about how to proceed, consulting a family lawyer can provide guidance on the most appropriate steps for your situation.
What Financial Support Is Available for Grandparents Who Provide Full-Time Care?
Many grandparents who provide care may be eligible for government assistance. The Australian Government offers several payments to help with the costs of raising grandchildren.
Family Tax Benefit (FTB)
If you care for a grandchild at least 35% of the time, you may qualify for Family Tax Benefit Part A and Part B. These payments assist with the cost of raising children.
FTB Part A is available for children aged 0 to 15, or up to 18 if they are a full-time student.
FTB Part B is designed for single parents or families with only one income, and it supports families with children under 13.
Child Care Subsidy (CCS) and Additional Child Care Subsidy (ACCS)
If you are working or require child care while providing care for your grandchild, you may qualify for the Child Care Subsidy (CCS), which helps cover the costs of approved child care services.
Grandparents who are the primary carers may also be eligible for the Additional Child Care Subsidy (ACCS) Grandparent. This provides extra help with child care fees if you meet the following conditions:
- You are eligible for the Child Care Subsidy.
- You are receiving an income support payment.
- You provide at least 65% of the child’s care.
The ACCS Grandparent subsidy allows for up to 100 hours of subsidised child care per fortnight, offering significant financial relief.
Other Payments
In special circumstances, grandparents may also be eligible for the Double Orphan Pension, which provides support if the child’s parents are unable to care for them due to death or other circumstances.
How Can Grandparents Apply for Legal Guardianship or Custody of Their Grandchildren?
Sometimes, grandparents may need to take legal steps to gain formal guardianship or custody of their grandchildren, especially if they are caring for them full-time.
Legal Guardianship vs. Custody
Guardianship means you have the legal right to make decisions about the child’s long-term welfare, including education, healthcare, and living arrangements.
Custody refers to who the child lives with and may also involve visitation rights for the parents.
Applying for Guardianship or Custody
If you wish to become a legal guardian or have custody of your grandchild, you may need to apply through the Family Court. You will need to present evidence that it is in the best interests of the child to be in your care. This may include:
- Court Orders: You can apply for parenting orders, which detail the care arrangement.
- Parenting Plans: These are agreements between you and the child’s parents that outline the terms of care. Parenting plans do not require court approval but are a useful alternative if all parties agree.
If parents are unable to care for the child or there are safety concerns, the court may award you full guardianship or custody.
Also Read: The Family Law Act 1975: Setting the Framework for Child Custody Laws in Australia
What Steps Should Grandparents Take If There’s a Dispute Over Care or Contact?
Sometimes, disputes arise between grandparents and the parents of the child regarding care or visitation. When this happens, it’s important to know what options are available to resolve the situation.
Mediation Services
Family Dispute Resolution (FDR) is a common first step to try to resolve disagreements. Mediation allows both parties to communicate openly and try to reach a mutually beneficial solution without going to court. Mediation is less stressful and often quicker than legal proceedings.
Legal Action
If mediation fails or if there are safety concerns, you may need to apply to the Family Court for a parenting order. The court will consider the best interests of the child, including the relationship they have with their grandparents and the parents’ ability to care for them.
In some cases, the court may grant visitation rights to grandparents, especially if they have played a significant role in the child’s life.
Also Read: Family Dispute Resolution QLD: Questions Answered
Are There Any Special Considerations for Grandparents Acting as Carers in Cases of Parental Absence or Inability?
When parents are absent or unable to care for their children due to illness, incapacity, or death, grandparents often step in to provide care. This situation can involve additional legal and emotional challenges.
Parental Incapacity or Absence
If the parents are unable to care for the child due to illness, drug dependency, or other reasons, grandparents can apply to the Family Court for temporary or permanent guardianship. The court will evaluate what is best for the child, including factors like the stability of the home environment and the child’s emotional needs.
Death of a Parent
If the child’s parents have passed away, grandparents can seek guardianship or apply for the Double Orphan Pension, a government payment that helps cover the costs of raising a child when both parents are no longer able to do so.
In cases where both parents are absent or deceased, legal guardianship provides the stability that children need to thrive, and grandparents can secure this through formal legal channels.
Seeking Advice on Guardianship?
At Walker Pender, we understand the unique challenges faced by grandparents who care for their grandchildren. Contact us today. Our professional experts are here to help you with your confidential consultation and take the first step towards securing your grandchild’s future.
