Legal Support for Grandparents & Kinship Carers
Grandparents and kinship carers often carry the weight of a family crisis without knowing where to turn. Kalo Children's Law helps families across Queensland understand their rights and take action.
When a child's parents are unable to care for them due to family breakdown, substance use, domestic violence, or involvement with the Department of Child Safety, grandparents and other relatives are often the ones who step up.
You may already be caring for a child. Or you may be trying to get that child placed with you instead of in foster care with a stranger. Either way, navigating the legal system can feel overwhelming, especially when the Department of Child Safety is involved.
At Kalo Children’s Law, we help grandparents, aunts, uncles, and other kinship carers understand their rights and get the legal support they need. We appear regularly in courts in Townsville and across Queensland.
What is a Kinship Carer?
A kinship carer is someone who cares for a child they have a family relationship or significant relationship with. This includes grandparents, aunts, uncles, siblings, cousins, and close family friends.
In Queensland, the law recognises that children do best when they can stay connected to their family and culture. The Child Protection Act 1999 (Qld) requires the Department of Child Safety to consider placement with a relative or kinship or foster carer before placing a child with strangers.
But consideration doesn't guarantee placement. If you believe a child should be living with you, you may need legal help to make that happen.
What Legal Issues Do Grandparents and Kinship Carers Face?
Every situation is different, but common legal issues include:
Being overlooked by the Department
The Department is required to consider family placement before placing a child with strangers, but that doesn't always happen in practice. We help grandparents and relatives make sure their suitability is properly assessed and that the child's connection to family is given the weight it deserves.
Disputes about placement
When a placement is being challenged by the Department or the child's parents, the stakes are high and the process can move quickly. We can represent you in those proceedings, advocate for the child's best interests, and work to protect the arrangement that has been put in place.
Wanting contact with a grandchild you cannot see
Family breakdown can sever relationships that matter deeply to a child and their loved ones. We help grandparents and other relatives understand their options and take the right legal steps to restore or maintain meaningful contact.
Navigating Children's Court proceedings as a party
Family members and other people who have a relationship with the child can apply to be a party to child protection proceedings in Queensland. The process of applying to the court to be a party to child protection proceedings can feel confusing and confronting. It can be complicated and often those applications can be opposed by other parties. We help you understand what your role means, what the process involves, and how to navigate it with confidence.
Long-term care orders and guardianship
When the Department seeks long-term child protection orders, the decisions made can shape a child's life for years to come. We help you understand what is being proposed, what your options are, and how to ensure your voice is heard in the process.
What Rights Do Grandparents Have in QLD?
Grandparents and kinship carers do not automatically have the same legal standing as parents, but you do have rights, and they matter.
Under the Child Protection Act 1999 (Qld), if you are a grandparent, relative, or significant person in a child's life, you may be able to:
Be notified when a child is placed in care
Apply to be a party in Children's Court proceedings
Apply for a kinship placement assessment to be carried out
Apply for contact with the child, even if they are in care
Be considered for long-term guardianship if permanent care is being arranged
If matters relate to parenting arrangements rather than child protection, for example where there are no Department proceedings, grandparents can also apply to the Federal Circuit and Family Court of Australia for parenting orders.
We can advise you on which court and which process applies to your situation.
Why Choose Kalo Children's Law
Kerri Patterson leads our firm with deep experience in the Queensland child protection system.
She understands how the Department works, how kinship and placement decisions are made, and how overwhelming it can be for grandparents and relatives trying to protect a child they love. Kerri regularly appears in Children's Courts across North Queensland including Townsville, Ingham, Charters Towers, Ayr, Bowen, and Mount Isa.
At Kalo, you'll get:
Honest advice on your rights as a kinship carer
Clear guidance through placement and court processes
Strong advocacy when the Department gets it wrong
A team that understands what family means
Children's Court matters move quickly. If the Department has contacted you, a child has been removed, or you've been served documents, don't wait.
Contact us today to speak with a child protection lawyer who understands what you're going through and how to help.
FAQs
Can a grandparent apply for custody in QLD?
Yes, if there are child protection proceedings and the child cannot live at home grandparents can apply to the court to have custody of the child granted to them. These applications are time sensitive and there is sometimes only a small window of opportunity for grandparents to make these applications before they lose their opportunity to do so. If there are no child protection proceedings then grandparents can apply for parenting orders through the Family Court or apply to be a party in Children's Court proceedings. The right pathway depends on whether the Department of Child Safety is involved. We'll help you work out which approach suits your situation.
What is a kinship placement assessment?
It's an assessment the Department carries out to determine whether a relative or kinship carer can provide a suitable home for the child. This includes background checks and a review of your circumstances. If you haven't been assessed, or you feel the assessment wasn't carried out fairly, we can help you challenge that either through the Department’s internal processes or by applying directly to the court for orders in your favour.
What if the child is already in foster care and I want them placed with me
You can still apply. The sooner you get legal advice, the more options you have, including whether you seek to have a child placed with you through Child Safety or whether you apply to have custody of the child yourself. Contact us and we'll help you understand the process and what steps to take.
Reach out today for calm, clear, legal advice.
If you need legal representation for Child Support matters, we’re here to help.