Grandparent Carer Rights in Western Australia

You Have More Standing Than You Think — But Less Than a Parent

If you are a grandparent raising a grandchild in Western Australia without court orders, your legal position sits in an uncomfortable middle ground. You are providing full-time care and meeting the child's daily needs, but you do not automatically hold parental responsibility. That means your rights in some situations depend on the cooperation of institutions — schools, hospitals, Centrelink — rather than being guaranteed by statute.

Here is what you can and cannot do, and how to strengthen your position.

What You Can Do as an Informal Carer

Claim Centrelink payments — You do not need court orders to claim Family Tax Benefit Part A and Part B, ACCS Grandparent, Parenting Payment or other Centrelink entitlements. Centrelink recognises informal carers who demonstrate primary care through a Change of Care process. Evidence: statutory declaration, school enrolment, GP letter.

Apply for the Grandcarers Support Scheme — The WA state grant ($1,000/year + $500/$250 top-up + $377 Gold Card) is specifically for informal grandparent carers. No court orders required.

Enrol the child in a WA public school — Under the School Education Act 1999 (WA), school principals have statutory discretion to enrol children when an informal carer presents sufficient evidence of primary care. The Department of Education provides an Informal Carer Declaration that you complete at the school. You become the primary contact for school matters.

Consent to routine medical treatment — For standard GP visits, vaccinations and minor illness care, informal carers providing daily care can give operational consent. Medical practitioners rely on your de facto care status. In emergencies, WA law permits life-saving treatment without parental consent.

Add the child to your Medicare card — Services Australia processes this through Form MS011, using evidence of care (FTB statement, school enrolment, statutory declaration).

What You Cannot Do Without Legal Authority

Consent to complex or elective medical procedures — Surgery, non-emergency dental under general anaesthesia, or complex treatments require formal parental consent or a court order granting you parental responsibility. Exception: a "Gillick-competent" mature minor (typically 14–15+) can consent to their own treatment.

Override a parent's legal rights — If the biological parent contests your care arrangement, objects to school enrolment or medical treatment, your informal status does not give you the legal standing to override them. Resolution requires Family Court intervention.

Prevent the parent from collecting the child — Without a court order (such as a parenting order or Special Guardianship Order), you have no statutory right to prevent a parent from taking the child. If you believe the child is at risk, contact the Department of Communities (child protection) or police.

Access the child's legal records — Some agencies require formal legal authority before sharing records. While FTB claimants can access the child's My Health Record and immunisation history, other records may require court-ordered authority.

How to Strengthen Your Position

If you want more formal legal standing without entering the child protection system:

Parenting orders — Through the Family Court of Western Australia, you can apply for parenting orders that grant you specific parental responsibility. Legal Aid WA (1300 650 579) provides free legal advice and self-help kits for Family Court proceedings. The Aboriginal Legal Service of WA (1800 019 900) provides culturally safe assistance for Aboriginal and Torres Strait Islander carers.

Special Guardianship Order — Under s.69 of the Children and Community Services Act 2004, the Children's Court can grant an SGO giving you full parental responsibility until the child turns 18. This is typically initiated through the Department of Communities and comes with SGO financial support.

Statutory declarations — Even without court orders, a well-drafted statutory declaration describing the care arrangement, signed and witnessed, significantly strengthens your position with schools, hospitals and Centrelink. Have one prepared before you need it.

The Practical Reality

Most informal grandparent carers in WA manage successfully without court orders. Schools generally cooperate with informal carer declarations. GPs provide routine care. Centrelink processes claims based on evidence of care, not court orders. The system is designed to accommodate informal arrangements.

Where it gets difficult: when the biological parent actively disputes the arrangement, when complex medical decisions arise, or when you need to make legal decisions on the child's behalf.

Our WA Kinship Carer Support Guide covers both the informal pathway and the formal options, with step-by-step instructions for each administrative process and the evidence checklists you need.

See more Western Australia guides →