Most disputes concerning children are between the parents of the children. However, anyone who is concerned about the care, welfare and development of the child may apply [Family Law Act 1975 (Cth) s 69C(d)].
A wide range of other people may be so concerned about the children including:
- aunts and uncles; and
- new partners of either parent.
Grandparents may find National Legal Aid's Fact Sheet Having a Grandchild in Your Care helpful.
For the court to have jurisdiction over a child, the child must be present in Australia, be an Australian citizen or ordinarily residing in Australia and so must one of the parties to the application. The court does not have the power to make any orders in relation to a child who is outside Australia, including situations of international child abduction.
The content of the Law Handbook is made available as a public service for information purposes only and should not be relied upon as a substitute for legal advice. See Disclaimer for details. For free and confidential legal advice in South Australia call 1300 366 424.