Grandparents Raising Grandchildren NZ: Your Legal Options
When the Informal Arrangement Stops Working
Thousands of grandparents across New Zealand are raising their grandchildren full-time — often because a parent is struggling with addiction, is in prison, has a serious illness, or has died. Many start informally: the child simply stays, and everyone assumes it will sort itself out. Then the school asks for proof of guardianship. The doctor needs consent for treatment. Work and Income needs evidence of the family breakdown and care arrangement when assessing an Unsupported Child's Benefit application; this may include a court order. That's when the legal gap hits.
New Zealand law doesn't give grandparents automatic rights to care for a grandchild. Under the Care of Children Act 2004, you need either a court order or a parent's formal appointment to have legal authority. Understanding which path fits your situation is the first step.
The Four Legal Paths
Parenting order (Section 48 COCA) — determines who the child lives with (day-to-day care) and who has contact. Grandparents need leave of the court to apply under Section 47, unless they're only seeking contact and a parent has died, been refused contact, or is making no attempt at contact. This is the most common route for grandparents wanting the child to live with them.
Court-appointed guardian (Section 27 COCA) — grants full guardianship rights alongside the parents' existing guardianship. Guardianship covers the big decisions: schooling, medical treatment, religion, name changes, relocation. A parenting order alone doesn't give you these powers.
Additional guardian appointed by a parent (Section 23 COCA) — limited to the spouse or de facto partner of a parent. This route isn't available to grandparents.
Court guardianship and agent (Section 31 COCA) — the court itself becomes the guardian and appoints you as its agent. This is a more complex and rare pathway, typically used when parental guardianship needs to be effectively superseded.
Most grandparents need a parenting order (for day-to-day care) and a guardianship order (for decision-making authority). You can apply for both at the same time.
What About Grandparents' Rights?
New Zealand doesn't have a standalone "grandparents' rights" statute. Your rights come from the orders you obtain. Without a court order, you have no legal authority to make decisions for the child, even if the child has lived with you for years.
The Care of Children Act focuses on the welfare and best interests of the child, not the rights of adults. The court's starting point is always: what arrangement best serves this child? Grandparents who have been the primary caregiver for a long period are in a strong position — but the legal process must still be followed.
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Financial Support
Once you have a court order confirming day-to-day care, you can apply to Work and Income for:
- Unsupported Child's Benefit — a non-taxable weekly payment when the parents can't provide care due to family breakdown, illness or incapacity.
- Orphan's Benefit — when both parents are deceased or can't be found.
- Child support via Inland Revenue — statutory child support collected from the biological parents.
A court order can help document the care arrangement, but Work and Income assesses eligibility under each benefit's rules and may accept other supporting evidence.
Free Support and Community Resources
You don't have to navigate this alone. Key organisations include:
- Grandparents Raising Grandchildren Trust (GRG) — national support, local groups, field officer advocacy, free helpline at 0800 474 274.
- Community Law Centres — free legal advice for eligible low-income individuals. They can help with document preparation but face high demand.
- Citizens Advice Bureau — practical guidance on forms, JP availability and local services.
- Ministry of Justice Family Court Information Line — 0800 268 787 for court form packs and registry locations.
- Kaiārahi (Family Court Navigators) — in-person guidance at the Family Court. They explain the process but can't give legal advice or draft documents.
Taking the First Step
If you're caring for a grandchild and need legal recognition, start with the Parenting Through Separation course (free, four hours) and contact a Community Law Centre or the GRG helpline. Both will help you understand whether FDR mediation or a direct court application is the right path.
Our NZ Parenting & Guardianship Orders guide covers every stage from pre-filing dispute resolution through to the sealed court order, with checklists for the application pack, fee waivers, and what to expect at the hearing.
Get Your Free NZ Parenting Order Checklist
Download the NZ Parenting Order Checklist — a printable guide with checklists, scripts, and action plans you can start using today.