Third-Party Custody in Victoria: Grandparents & Step-Parents Rights
If you’re a grandparent or step-parent in Victoria wondering about your rights when it comes to caring for a child, you’re not alone. Under Victorian family law, you may be able to seek custody (now referred to as “parental responsibility”) or court-ordered time with a child—even if you’re not their biological parent.
Whether you’re stepping in due to family conflict, separation, or concern for a child’s well-being, you do have legal avenues available.
Key takeaway: Grandparents and step-parents in Victoria can apply for parenting orders if it’s in the child’s best interests, even without being a biological parent.
Understanding Third-Party Custody in Victoria
Third-party custody refers to caregiving rights granted to someone other than the child’s biological parents—typically grandparents, step-parents, or other close relatives. In Victoria, the Family Law Act 1975 is the framework used to determine who can apply for a parenting order.
You don’t need to be a biological parent to be involved in a child’s life. What matters most is whether you have played a significant role in the child’s upbringing and whether your continued involvement serves the child’s best interests.
You can apply to the Federal Circuit and Family Court of Australia for parenting orders that cover:
- Where the child lives
- Who the child spends time with
- How parental responsibility is shared
- Other practical matters like travel, medical decisions, or schooling
Key takeaway: You can seek custody or parenting orders as a third party if you’ve had a meaningful role in the child’s life and the court agrees it benefits the child.
Grandparents’ Rights in Victoria
As a grandparent, you may feel cut off from your grandchildren after a family breakdown or separation. While the law doesn’t automatically give grandparents custody or access, it does recognise the significance of that relationship.
Family law in Victoria states that children have a right to maintain relationships with people who are important to them—including grandparents. If your contact with a grandchild has been limited or stopped altogether, you can apply for a parenting order to restore or formalise your access.
To succeed, you’ll need to show that:
- You’ve had a genuine connection with the child
- Your presence benefits the child’s emotional, social, or physical wellbeing
- You’re acting in good faith and not trying to override parental authority
Keep in mind that these orders don’t override the rights of biological parents, but they can help maintain your place in the child’s life.
Key takeaway: Grandparents can apply for time with their grandchildren by showing the relationship is meaningful and beneficial to the child.
Step-Parents’ Rights and Responsibilities
If you’re a step-parent who has helped raise a child, you may wonder what rights you have once your relationship with the child’s parent ends. While you don’t automatically get custody or parental responsibility, the court does recognise your role—especially if you’ve been involved in day-to-day care.
You’re considered a step-parent under the law if you:
- Are or were married or in a de facto relationship with one of the child’s parents
- Treated the child as a member of your family
You can apply for parenting orders, particularly if:
- The biological parent is unwilling or unable to care for the child
- You’ve had a long-standing parental role
- The child would suffer if your involvement stopped
It’s common for step-parents to seek shared responsibility, visitation rights, or even full-time care, depending on the circumstances.
Key takeaway: Step-parents who’ve played an active parenting role can seek legal rights through the courts, especially when they’ve contributed significantly to the child’s upbringing.
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How the Court Decides: The Child’s Best Interests
When a grandparent or step-parent applies for custody or parenting time, the court doesn’t look at biology—it looks at what’s best for the child. This includes:
- The child’s relationship with both biological parents
- The bond with the grandparent or step-parent
- The emotional and physical safety of the child
- Any history of family violence
- The wishes of the child, if they are mature enough to express them
Each case is assessed individually, and the outcome depends on the evidence you can present. That may include statements from the child, psychological reports, and information about your role in their life.
Key takeaway: Courts base decisions on the child’s welfare, not just legal ties—your role, relationship, and intentions all matter.
Mediation and Family Dispute Resolution
Before applying to court, you are generally required to attempt Family Dispute Resolution (FDR) unless there are serious concerns like abuse or risk of harm. This step involves sitting down with the other parties—usually the parents—with a neutral mediator to try and reach an agreement outside the court.
Mediation can help you:
- Avoid lengthy and expensive court battles
- Preserve family relationships
- Create flexible arrangements that suit everyone
If mediation fails or is deemed inappropriate, you can request a certificate that allows you to proceed with a court application.
If you’re unsure how to begin, speaking with experienced family law lawyers in Dandenong or your local area can give you clarity on how to approach mediation and whether your situation qualifies for an exemption.
Key takeaway: Mediation is often required before court and may offer a more cooperative way to secure your role in the child’s life.
Applying for Parenting Orders as a Grandparent or Step-Parent
Once mediation has been attempted, the next step is applying for a parenting order through the court. You’ll need to prepare detailed documents that outline:
- The nature of your relationship with the child
- Your living arrangements and ability to provide care
- The child’s current situation and any risks they face
- Any support you’ve offered—emotional, financial, or practical
You’ll also be asked to complete an affidavit (a sworn statement) and attend court hearings. This process can be emotionally taxing, especially if it’s contested by the parents, so it’s strongly recommended to have legal support. Family law lawyers in Dandenong and other parts of Victoria can guide you through this step-by-step.
Key takeaway: Applying for parenting orders involves a formal process that’s easier to navigate with legal support, especially in contested situations.
Common Challenges and Misconceptions
You may have heard that only parents can make decisions about children—or that grandparents and step-parents don’t have any real rights. While these beliefs are common, they’re not entirely accurate.
Here are some misunderstandings to watch for:
- “Grandparents have automatic rights to visitation” – Not true. You must apply and show that the relationship supports the child’s well-being.
- “Step-parents can’t apply for custody” – Also false. If you’ve played a significant role in the child’s life, the court may grant you parental responsibility.
- “The biological parents always win” – Courts are guided by the child’s best interests, not just biology.
Don’t let these misconceptions stop you from taking action. If you believe your involvement benefits the child, the legal system gives you a pathway to stay connected.
Key takeaway: You don’t need to be a biological parent to make a meaningful legal case for involvement in a child’s life.
Working with a Family Lawyer
If you’re unsure where to begin or feel overwhelmed by the process, you’re not alone. Third-party custody cases can be emotionally challenging, but you don’t have to go through it alone. A family law lawyer can help you:
- Assess your eligibility to apply
- Prepare your application and supporting documents
- Represent you during mediation or court proceedings
- Ensure your voice is heard in a system that can be hard to navigate
Family law lawyers in Dandenong and surrounding areas are familiar with local court expectations and can provide tailored advice to help you make informed decisions.
Key takeaway: A family lawyer can help you present a clear, effective case for maintaining your relationship with a child.
Being a grandparent or step-parent doesn’t mean you’re left out when families break down. The law in Victoria recognises that children benefit from stable, supportive relationships beyond their biological parents.
If you’ve played a significant part in a child’s life, and you believe your ongoing presence would help them thrive, there are legal pathways to formalise your role.
Whether you’re trying to regain contact, apply for parenting time, or protect a child’s well-being, don’t hesitate to explore your options.
Start with mediation where appropriate, and seek advice from experienced family law lawyers in Dandenong or your local area. Your role in a child’s life matters—and the law gives you the tools to protect it.