Raising a Grandchild With No Court Order in Tasmania: What You Can Still Do

You Don't Need a Court Order to Get Support

The most damaging myth in kinship care is that you need legal custody before you can claim payments, enrol a child in school, or take them to the doctor. It's not true — and the delay caused by believing it costs carers thousands of dollars in unclaimed benefits.

Informal kinship care — raising a relative's child through a private family arrangement — is the most common form of kinship care in Tasmania. No DECYP involvement, no court orders. The family handled it. And the system provides for it.

Centrelink Payments Without a Court Order

Services Australia explicitly recognises non-parent carers who don't have court orders. The test is physical care, not legal custody. Here's what you can claim:

Family Tax Benefit Part A and B — requires at least 35% physical care and the other Centrelink eligibility rules. You prove care with a statutory declaration and supporting evidence (school records, GP letters). No court order needed.

Parenting Payment — available to single carers with primary care of a child under 14, regardless of legal status.

Additional Child Care Subsidy (Grandparent) — up to 100% of childcare fees covered if you're an eligible grandparent or great-grandparent on an income support payment, provide at least 65% of ongoing daily care, and have substantial autonomy over day-to-day decisions about the child's care, welfare, and development. No activity test, no court order.

Foster Child Health Care Card — issued in the child's name based on your care arrangement, not your legal authority.

Carer Allowance — if the child has a severe disability or medical condition, this non-means-tested supplement doesn't require a court order either.

Start with the Grandparent, Foster and Kinship Carer Adviser Line on 1800 245 965. They process non-parent claims routinely.

School Enrolment Without a Court Order

Tasmanian government schools have discretion to accept enrolments from informal carers. Under DECYP policy, schools prioritise the child's educational continuity and safety over formal legal paperwork.

What you need:

• An Informal Care Statutory Declaration explaining the living arrangement
• Proof of residential address
• The child's identity documents (birth certificate, passport, or ImmiCard)
• Immunisation history statement

If you're missing the birth certificate, talk to the school — they can accept alternative identity evidence. The principal's priority is getting the child learning, not creating administrative barriers.

Medical Care Without a Court Order

Routine medical care — GP visits, immunisations, standard prescriptions, routine dental — works on a duty-of-care basis. Present the child with your Medicare card (once you've added them via the MS004 form) and a statutory declaration of care.

The limit is significant medical procedures. Surgery or major treatment requires consent from the legal guardian — the biological parent, unless a court order says otherwise. In genuine emergencies, doctors proceed without anyone's consent.

State Concessions Without a Court Order

Tasmania's state concessions are tied to your Centrelink card status, not your legal relationship to the child:

• STAS waives school levies if you hold a HCC or PCC
• Spectacles Assistance Scheme covers vision testing and glasses for children of concession card holders
• Ticket to Play provides two $100 vouchers per year for eligible children aged 5–18 listed on a concession card or in out-of-home care

When a Court Order Does Help

A court order isn't required, but it's worth considering if:

• The biological parent is actively disrupting the arrangement
• You need authority for significant medical decisions
• You want long-term stability and legal certainty
• Agencies are being unusually difficult about evidence (rare, but it happens)

Tasmania Legal Aid (1300 366 611) provides free advice on whether a parenting order is worth pursuing in your situation.

The Complete Roadmap

The Support for Grandparents and Kinship Carers in Tasmania guide is built for exactly this situation — a grandparent or relative raising a child without court orders, navigating Centrelink, schools, and medical providers using statutory declarations and secondary evidence. It includes every form, every phone number, and worksheets for assembling the proof these agencies accept.

See more Tasmania guides →