Parenting Orders for Grandparents in the ACT: What They Mean for Your Care Arrangement

What a Parenting Order Does

A parenting order is a decision by the Federal Circuit and Family Court of Australia (FCFCOA) that sets out who a child lives with, who makes decisions about the child's education and health, and how time is shared with other family members. Under the Family Law Act 1975 (Cth), as amended by the Family Law Amendment Act 2023, parenting orders focus on the best interests of the child without a statutory presumption of equal shared parental responsibility.

For grandparents in the ACT, a parenting order formalises something that might already be happening informally: you are raising the child, and you need the legal authority to match.

An order that allocates parental responsibility to you can clarify your authority for the decisions it covers. Services Australia may still assess actual care and the payment's other eligibility rules.

What a Parenting Order Does Not Do

A parenting order does not make the child a ward of the ACT Government. The child is not in statutory out-of-home care. This distinction has a direct financial consequence: you do not receive the ACT Foster and Kinship Care Subsidy. That payment is reserved exclusively for children placed through CSD under a care and protection order.

You may still qualify for Commonwealth payments under their own eligibility rules:

• Family Tax Benefit Parts A and B
• Foster Child Health Care Card (non-means-tested)
• Double Orphan Pension (if applicable)
• Additional Child Care Subsidy (Grandparent) if you are on income support
• Carer Allowance if the child has a disability or severe medical condition

A parenting order also triggers the Maintenance Action Test — you may need to take reasonable steps to obtain child support from both biological parents in order to maintain your full FTB Part A entitlement. Exemptions exist if seeking child support would cause severe hardship or family violence.

Consent Orders vs Contested Orders

Not every parenting order involves a courtroom fight.

Consent orders are agreements reached between you and the child's parents (sometimes with the help of a mediator), then formalised by the court. They are cheaper, faster and less adversarial. Relationships Australia Canberra (offering accredited family dispute resolution) can help facilitate this process before any court application.

Contested orders happen when the parents disagree. These go through a full court process — filing, hearings, evidence — and can take months. Legal Aid ACT (1300 654 314) provides duty lawyer services for family law matters, and you may qualify for a grant of legal aid depending on your income and the merits of the case.

Before applying for either type, you must generally attempt family dispute resolution (FDR) first, unless exemptions apply (family violence, urgency, child safety).

Grandparent Custody Without a Court Order

Many grandparents in the ACT raise children for years without a court order. Informal care works until it does not — a school refuses to enrol the child, a GP will not provide non-emergency treatment without parental consent, or the biological parents re-enter the picture and demand the child back.

If you are managing well informally, a parenting order provides insurance. If you are already hitting institutional barriers, it may be necessary.

The alternative to a parenting order for some families is an Enduring Parental Responsibility (EPR) order under the Children and Young People Act 2008 — but that only applies where CSD has been involved in a statutory child protection pathway. It is not available to informal carers acting independently.

How to Get Legal Help in Canberra

• Legal Aid ACT (1300 654 314) — free telephone advice, minor assistance and duty lawyer services for family law. Can advise on whether a parenting order is appropriate for your situation.
• Canberra Community Law (02 6218 7900) — advice on social security, housing and related issues that intersect with family law matters.
• Women's Legal Centre ACT — specialist services for female carers managing family law disputes, domestic violence and care arrangements.
• Relationships Australia Canberra — family dispute resolution and mediation, often the required first step before a court application.

The Broader Picture

A parenting order settles the legal question. The administrative questions — how to claim FTB, how to transfer the child's Medicare card, how to track expenses and prove care — remain. The ACT Kinship Carer Support Guide covers both: the payments and forms that apply once a parenting order is in place, alongside the evidence-building tools informal carers need if they have not yet sought one.

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