Statutory Declaration for Kinship Care: How to Prove Informal Care in Australia
Why a Statutory Declaration Matters
When you're raising a relative's child without a court order, the first thing every agency asks is: how do we know the child lives with you?
A statutory declaration is a formal written statement that you declare to be true. Intentionally making a false statutory declaration can be a criminal offence. It can document the care arrangement, but it does not itself give you parental responsibility or guarantee that each agency will accept it as the only evidence.
What to Include
A kinship care statutory declaration should cover:
- Your full name and relationship to the child (grandparent, aunt, uncle, sibling, etc.)
- The child's full name and date of birth
- The date care began — when the child started living with you full-time
- The circumstances — why the child came to live with you (parental illness, substance issues, incarceration, family violence, or other reasons). Keep it factual; you don't need to go into painful detail
- The living arrangement — the child lives at your address, you provide all daily care including meals, school transport, medical appointments
- The level of parental contact — whether the parent has any ongoing involvement, or is absent/uncontactable
- Your intention — that you intend to continue providing full-time care for the foreseeable future
For a paper statutory declaration, use an authorised witness for the relevant form. A digital Commonwealth statutory declaration made through myGov does not need an in-person witness.
Centrelink Forms That Accompany It
Centrelink may ask you to complete specific forms alongside or instead of a general statutory declaration:
Details of your child's care arrangements (FA012) — a Services Australia form for providing information about a child's care arrangements.
Commonwealth statutory declaration for non-parent carers (CS4647) — a current Services Australia form for a non-parent carer to make a statutory declaration, where requested for the claim.
The Grandparent, Foster and Kinship Carer Adviser Line on 1800 245 965 can tell you exactly which forms you need for your claim and walk you through them.
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Secondary Evidence That Strengthens Your Claim
A statutory declaration is one way to document the arrangement. Centrelink may also ask for supporting evidence — especially if the biological parent disputes your claim. Examples include:
- School enrolment records showing you as the primary contact and emergency contact
- GP or paediatrician letter confirming the child attends appointments with you
- School principal's letter confirming the child's living arrangements
- Maternal child health nurse letter (for younger children)
- Social worker or counsellor letter confirming the care arrangement
- Police officer statement if law enforcement was involved in the circumstances
- Day care or childcare attendance records showing you as the drop-off/pick-up contact
The key is third-party professional evidence — people outside the family who can independently confirm the child lives with you.
When Parents Won't Sign
You can lodge a claim without the biological parent's signature. This is a common misconception among kinship carers, and it stops people from lodging claims.
Centrelink has a process for resolving conflicting care declarations. If you claim FTB for a child and the parent is already receiving it, Centrelink contacts the parent separately — without sharing your personal details — and assesses the evidence. If your evidence shows the child lives with you, the parent's benefit is cancelled and transferred to you.
Using the Declaration Beyond Centrelink
The same statutory declaration (or a version of it) works for:
- School enrolment — DECYP policy allows school principals to accept an Informal Care Statutory Declaration or other evidence in place of a court order
- Medicare card transfer — alongside the MS004 form, it helps establish care for Medicare enrolment
- Medical appointments — carrying a copy can help explain the care arrangement; it does not replace consent from a legal guardian where consent is required
- Sport and activity registration — clubs and programs may ask who the child's primary carer is
Assembling Your Evidence Pack
The Support for Grandparents and Kinship Carers in Tasmania guide includes an evidence assembly checklist that lists every document Centrelink accepts, what to write in the statutory declaration, and how to collect third-party letters. It's designed for carers who need to prove care quickly when parents aren't cooperating.
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