Yes — under Australian family law, a child can live with grandparents without formal custody, but only if both parents consent and the arrangement serves the child’s best interests. This type of living arrangement is considered informal care, meaning grandparents have no automatic legal authority over major decisions like schooling or medical treatment. To gain legal recognition or long-term stability, grandparents must apply for a parenting order through the Federal Circuit and Family Court of Australia, which formally grants caregiving rights and ensures the arrangement is legally protected.
Legal Difference Between Informal Care and Formal Orders
Before understanding how informal and formal arrangements differ, it’s important to know that Australian family law recognises both types of caregiving, but treats them very differently in terms of rights, responsibilities, and long-term protection. Many families start with an informal setup based on trust and convenience, but problems often arise when disputes occur or when key decisions need legal authority.
The next section explains how the law distinguishes between informal care agreements and formal parenting orders, and why formalisation can make a crucial difference for a child’s stability and the grandparents’ legal security.
Informal Care Arrangements
An informal living arrangement means grandparents care for the child with the parents’ consent but without a court order. This setup can work smoothly when everyone agrees, but it has no legal enforceability. Parents retain full parental responsibility and may decide to change or end the arrangement at any time.
In an informal setting, grandparents also lack decision-making power for key issues such as healthcare, education, or travel. These decisions legally remain with the parents unless a court transfers parental responsibility.
Formal Parenting Orders or Consent Orders
Under the Family Law Act, grandparents or any person concerned with the child’s care can apply to the Federal Circuit and Family Court of Australia (FCFCOA) for a parenting order. Such an order determines where the child lives, who makes major decisions, and how contact with parents is structured.
When granting these orders, the Court’s paramount consideration is the best interests of the child. This includes their safety, emotional wellbeing, stability, and connection to important family members. Parenting orders may give grandparents full-time care (“live-with” orders) or shared arrangements where both parents and grandparents have defined roles in raising the child.
When Courts Are Likely to Approve Grandparent Care?
The Court may consider placing a child with grandparents when:
- A parent is unfit or unable to provide adequate care due to illness, neglect, or substance misuse.
- The arrangement supports the child’s safety, stability, and emotional development.
- The grandparents can provide a secure and nurturing environment.
- Maintaining relationships with parents remains possible and beneficial to the child.
The Court evaluates all relevant circumstances before granting care to grandparents. The aim is always to protect the child’s welfare, not to replace parental rights without necessity.
Risks and Limitations of Informal Arrangements
While informal agreements can be practical, they carry legal risks:
- No enforceability: Parents can revoke consent at any time, leaving grandparents with no legal right to keep caring for the child.
- Restricted decision-making: Without parental responsibility, grandparents cannot authorise schooling, medical treatment, or international travel.
- Lack of stability: Informal care may disrupt a child’s emotional security if disputes occur between family members.
For this reason, informal arrangements are best viewed as short-term solutions. Families seeking long-term stability should formalise care through court orders. Consulting a solicitor or taking early steps to find a family lawyer can prevent future disputes and ensure compliance with legal standards.
Steps to Formalise a Grandparent Care Arrangement
If grandparents intend to care for a child long-term, they can seek legal recognition by following these steps:
- Reach family agreement or mediation: The law encourages parents and grandparents to resolve arrangements through negotiation or Family Dispute Resolution before applying to court.
- Apply for a parenting order: A formal court application can define living arrangements, decision-making responsibilities, and contact rights.
- Provide evidence of the child’s best interests: This includes demonstrating a stable home environment, emotional connection, and the ability to meet the child’s daily and long-term needs.
- Comply with the court’s process: The Court assesses all factors and may issue a live-with or shared-care order if it determines the arrangement benefits the child.
Once approved, a parenting order gives the grandparents clear legal authority and protection, ensuring that the arrangement cannot be easily overturned by parental disagreement.
FAQs
Before exploring the most common legal questions, it’s helpful to clarify how these situations play out in real life. Many families find themselves unsure whether an informal care arrangement is enough or if they need court involvement to protect everyone’s rights. The following FAQs address these practical concerns directly — explaining how Australian family law applies, what grandparents can legally do, and when formal action becomes necessary.
Can a child legally live with grandparents without custody?
Yes, a child can live with grandparents without formal custody if both parents agree. However, the arrangement remains informal and not legally binding unless recognised by the Court.
Do grandparents get automatic custody if the child lives with them?
No. Grandparents do not automatically obtain legal custody or parental responsibility. They must apply to the Court for formal recognition if they wish to secure legal rights.
What legal documents are required for grandparents raising grandchildren?
A parenting order or consent order from the Family Court provides legal authority for grandparents to make decisions about the child’s upbringing, education, and medical care.
Can a power of attorney replace custody?
A power of attorney may authorise limited actions but does not grant parental responsibility. Only a formal court order can transfer legal custody or guardianship rights.
Who is financially responsible when a child lives with grandparents?
Parents remain financially responsible for their child’s care unless a court orders otherwise. Grandparents who assume day-to-day care may be eligible for financial assistance depending on circumstances.
Conclusion
In Australia, a child may live with grandparents without formal custody, but such arrangements are legally fragile. The Family Law Act 1975 prioritises the child’s welfare and continuity of care, meaning grandparents need formal recognition if they intend to provide ongoing guardianship.
To ensure stability, access to services, and legal protection, grandparents and parents should consider formalising the arrangement through a parenting order.
LegalFinda connects families with trusted family lawyers across Australia who can guide you through mediation, parenting orders, and custody applications to protect your child’s wellbeing and your legal rights.
