Raising a Grandchild Without a Court Order in NSW

You Don't Need a Court Order to Raise a Grandchild in NSW

Thousands of grandparents across New South Wales are raising grandchildren right now through private family arrangements — no court order, no caseworker, no involvement from the Department of Communities and Justice (DCJ). The child arrived one night and never left. That informal arrangement is legally recognised, and it does not prevent you from claiming financial support, enrolling the child in school, or getting them to the doctor.

What changes without an order is which payments you can access and which pieces of paperwork replace the court seal.

Centrelink Payments for Informal Carers

Without a Children's Court care order, you cannot receive a DCJ care allowance. Those state allowances — ranging from $714 to $1,081 fortnightly depending on the child's age — are reserved for placements made through DCJ.

You can, however, claim federal payments from Services Australia:

• Family Tax Benefit (FTB) Part A and B — available once you demonstrate at least 35 percent actual care of the child. No court order required.
• Additional Child Care Subsidy (Grandparent) — if you are an eligible grandparent receiving an income support payment and meet the principal-carer criteria, ACCS can cover up to 100 percent of approved childcare fees.
• Double Orphan Pension — if both parents have died, or one has died and the other is in prison for at least 10 years, in custody facing a possible 10-year sentence, in a psychiatric institution or nursing home indefinitely, or their whereabouts are unknown. Other eligibility rules apply; there is no income or assets test.
• Foster Child Health Care Card — issued in the child's name, giving access to PBS concession medicines and bulk-billed medical services.

Start by calling the Grandparent, Foster and Kinship Carer Adviser Line on 1800 245 965 (Monday to Friday, 8:30 am to 4:30 pm). These specialist advisers handle non-parent carer claims and can override standard identity requirements when needed.

Proving Care Without a Court Order

Centrelink needs evidence that the child lives with you and that you provide at least 35 percent of their day-to-day care. Without a court order, you build that evidence yourself:

• Statutory declaration under the Oaths Act 1900 (NSW) — a sworn statement describing when the child came into your care, why the parents are unable to care for them, and your current living arrangement. A NSW statutory declaration must be signed before an authorised witness, such as a justice of the peace, lawyer, or notary public.
• School enrolment records listing you as the primary contact and emergency contact.
• Medical records or a letter from the child's GP confirming you bring the child to appointments.
• Immunisation history or Medicare records showing the child registered at your address.

Prepare these before you call the 1800 245 965 line. Claims cannot be backdated before the date you first contact Services Australia, so call early — even before all documents are gathered.

School Enrolment

NSW public school principals have the authority to enrol a child living with an informal carer. You do not need a parenting order or birth certificate on the day of enrolment. Bring a completed Carer Authorisation Declaration or a statutory declaration confirming the child resides full-time with you. The school cannot refuse enrolment solely because you lack a court order while paperwork is being arranged.

Apply for a School Student Transport Scheme (SSTS) pass through Service NSW for free or subsidised school travel.

Medical Consent and Medicare

Lodge Form MS011 with Services Australia to add the child to your Medicare card or obtain a separate card in the child's name. You do not need parental consent or the parent's Medicare card number — a statutory declaration and proof of care are sufficient.

For medical appointments, routine treatment consent works differently by the child's age:

• Under 14 — a child is generally presumed unable to consent to complex treatment. For non-emergency treatment, the clinician assesses the child's capacity and may need consent from a parent, formal guardian, or court. An informal carer should check with the provider rather than assume a statutory declaration gives authority.
• 14 to 15 — the child may consent to simple treatment themselves if the clinician assesses sufficient maturity (Gillick competence).
• 16 to 17 — the young person holds statutory authority to consent to medical and dental treatment as if they were an adult.

In a genuine emergency, Section 174 of the Children and Young Persons (Care and Protection) Act 1998 (NSW) authorises medical practitioners to treat without prior consent.

When a Court Order Starts Making Sense

An informal arrangement can be enough for some Centrelink and school processes. Medical consent is assessed separately. A formal order can clarify parental responsibility and the decisions you are authorised to make:

• DCJ care allowances (only available with a Children's Court order or DCJ involvement).
• A court-defined allocation of parental responsibility for decisions about the child.
• A clearer legal arrangement if the child's parents dispute who should care for them.

If you are considering a formal order, LawAccess NSW (1300 888 529) provides free legal information and referrals.

Pulling It All Together

The NSW Kinship Carer Support guide walks through every payment, form and phone call for both informal and formal carers — with preparation checklists for the 1800 245 965 adviser call, a proof-of-care document tracker, and printable worksheets for school and medical enrolment. It is built for grandparents doing this without a caseworker.

See more New South Wales guides →