Q: Can I apply for a parenting order if I am not a parent of the child?
A: Yes, a parent or grandparent of the child or any other person who is concerned with the care, welfare and development of the child, can apply for parenting orders for the child.
Pursuant to section 65C of the Family Law Act 1975
A parenting order in relation to a child may be applied for by:
• either or both of the child’s parents; or
• the child; or
• a grandparent of the child; or
• any other person concerned with the care, welfare or development of the child.
This might include other relatives such as aunts, uncles and extended family members. The court will look at what is in the best interests of the child in working out arrangements for them.
Grandparents and other people concerned with the care, welfare and development of the child can also be involved in mediation, family dispute resolution and also be included in consent orders, which are parenting orders made by the court based on an agreement between the parents.