Legal guardianship can become one of the most important roles a person ever takes on, especially when a child’s safety, well-being, or future is at stake.
In Queensland, “guardianship” of a child most commonly arises through the child-protection system as a long-term guardianship order made by the Childrens Court under state legislation. In other situations (where child protection isn’t involved), a relative or other significant person may seek parenting orders in the federal family courts for parental responsibility and living arrangements. Understanding the difference matters, because the application pathways and legal tests are not the same.
Whether you’re a relative, family friend, or long-term carer, becoming a child’s legal decision-maker can provide much-needed stability in uncertain circumstances. This guide explains what guardianship means in Queensland, the pathways to obtain decision-making authority, and what to expect.
Please note: this is general information only and not legal advice — please contact VM Family Law for accurate, tailored advice. Our full contact details can be found here: https://www.vmfamilylaw.com.au/contact/
What Is a Legal Guardian?
In Queensland child-protection matters, a “legal guardian” is usually the person named in a long-term guardianship order under the Child Protection Act 1999 (Qld). The order is made by the Childrens Court and can place a child under the long-term guardianship of the chief executive (Child Safety) or a suitable person (for example, a grandparent or kinship/foster carer). The guardian has authority to make major decisions about the child’s care and development (education, health care, living arrangements and similar long-term issues) according to the order’s terms and the child’s best interests.
Guardianship vs “Custody” / Parental Responsibility
Family law (federal): The Family Law Act 1975 (Cth) does not use “guardianship” for children. Instead, the court makes parenting orders about parental responsibility (who makes major decisions) and with whom a child lives/spends time. These orders are made by the Federal Circuit and Family Court of Australia.
Child protection (state): The Child Protection Act 1999 (Qld) allows the Childrens Court to make long-term guardianship orders where a child is in need of protection. This is separate from federal parenting orders.
In short, if Child Safety is involved and a child needs long-term stability outside the parents’ care, guardianship is a state child-protection order. If Child Safety is not involved, decision-making authority is normally sought via federal parenting orders allocating parental responsibility.
What Does a Guardian Do?
Subject to the specific order and any limits it contains, a guardian is responsible for major long-term decisions in the child’s best interests, including:
consenting to medical and dental treatment and managing health care;
making education decisions (enrolment, school changes, participation);
deciding living arrangements and day-to-day care arrangements;
supporting the child’s cultural identity and connections (including the Aboriginal and Torres Strait Islander Child Placement Principle, where relevant); and
facilitating safe family contact in line with case plans or court orders.
Guardians must follow applicable laws, any conditions of the order, and child-protection principles focused on safety, stability, and the child’s developmental needs.
Who Can Become a Legal Guardian?
In child-protection matters, the Childrens Court can place a child under the long-term guardianship of:
the chief executive (Child Safety); or
a suitable person (often a grandparent, relative/kin, or long-term carer) assessed as able to meet the child’s needs long-term.
Before naming a suitable person as guardian, Child Safety assesses suitability (including history checks and household assessments) and the court decides whether the order is in the child’s best interests. For Aboriginal and Torres Strait Islander children, cultural connection and placement principles are central considerations.
Outside the child-protection context, relatives or significant people can seek parenting orders in the federal family courts for parental responsibility and living arrangements when appropriate.
When Is Guardianship Considered?
A long-term guardianship order may be considered where a child is in need of protection and cannot safely return to a parent within the foreseeable future — for example, due to ongoing risk from abuse or neglect, chronic parental incapacity, or sustained inability to meet the child’s safety and care needs. The focus is on long-term stability and the child’s best interests.
Where Child Safety is not involved and there is a dispute or gap about who can make decisions for a child, the appropriate pathway is usually a parenting order in the federal family courts (not a state guardianship order).
How Do You Obtain Legal Decision-Making Authority?
There are two main pathways, depending on whether Child Safety is involved.
Pathway A — Child-Protection Guardianship (Childrens Court, Queensland)
Child Safety Involvement
If Child Safety assesses that a child is in need of protection, it may apply to the Childrens Court for a child-protection order. Long-term guardianship can be sought to either the chief executive or a suitable person.Assessment for Suitable Person
If a relative/kin or carer is proposed as the guardian, Child Safety conducts suitability checks and household assessments. The court must be satisfied the arrangement meets the child’s safety, stability, developmental and cultural needs.Court Decision
The Childrens Court determines whether to make the long-term guardianship order and sets its terms. The order then authorises the guardian to make major decisions for the child in accordance with the order and relevant legislation.
Note: Individuals do not typically file their own “guardianship application” in child-protection matters; the application is made by Child Safety, and proposed guardians are assessed and named in the order if appropriate.
Pathway B — Parenting Orders (Federal Family Court)
Appropriate Where Child Safety Is Not Involved
A parent, relative, or other person concerned with a child’s care can apply in the Federal Circuit and Family Court of Australia for parenting orders allocating parental responsibility and setting living/time arrangements.Best Interests Test
The court applies the best interests of the child as the paramount consideration and may allocate sole or shared parental responsibility, and make orders about where the child lives, time with others, and specific issues (education/health).Effect
Although not called “guardianship”, orders conferring parental responsibility provide the legal authority to make major decisions for the child.
Checks, Assessments, and Cultural Considerations
In child-protection matters, suitability assessments can include criminal history and child-protection history checks, household assessments, and (for carers and adult household members) working-with-children screening where required under Queensland’s system. For Aboriginal and Torres Strait Islander children, courts and Child Safety must apply the Child Placement Principle, prioritising cultural connection and community in decision-making and placements.
Can Guardianship Be Changed or Reviewed?
Yes. In child-protection matters, the Childrens Court can vary or revoke a long-term guardianship order if circumstances change and another arrangement better serves the child’s safety and best interests. In the federal system, parenting orders can also be varied if there is a material change in circumstances and variation is in the child’s best interests.
If you’re considering becoming a legal decision-maker for a child, or you’ve been caring for a child long-term and want clarity about the right pathway, our Queensland family lawyers at VM Family Law can help you assess which court has jurisdiction, what orders are appropriate, and how to prepare. Call 07 3447 8966 for practical, compassionate guidance.
Frequently Asked Questions (FAQs)
Is “guardianship” the same as “parental responsibility”?
No. In Queensland, guardianship for children usually refers to long-term guardianship under the Child Protection Act 1999 (Qld) (Childrens Court). Parental responsibility is a Family Law Act concept (federal court) that covers major long-term decisions. Both provide decision-making authority, but they arise under different laws and processes.
Can a grandparent become a child’s legal guardian?
Yes, in child-protection matters the Childrens Court can grant long-term guardianship to a suitable person (often a relative/kin) if assessed as appropriate and in the child’s best interests. Outside child protection, a grandparent may seek parenting orders in the federal family courts for parental responsibility and living arrangements.
Do I apply myself for a long-term guardianship order?
In child-protection cases, the application is brought by Child Safety. A proposed suitable person is assessed and, if appropriate, named in the order. If Child Safety is not involved, you would usually seek parenting orders in the federal family courts instead.
Does guardianship cut off all contact with parents?
Not automatically. Contact and communication with parents is determined by the court order and any case plan. The focus remains the child’s safety, stability, and best interests.
What if a child is Aboriginal or Torres Strait Islander?
Courts and Child Safety must apply the Aboriginal and Torres Strait Islander Child Placement Principle and ensure decisions support cultural identity, connection, and community.
How long does a long-term guardianship order last?
It is a long-term order intended to give the child stability until adulthood, but the court can vary or revoke it if circumstances materially change and another arrangement better serves the child’s best interests.
Wrapping Up
Queensland has two distinct legal pathways for adults to obtain decision-making authority for a child: long-term guardianship through the child-protection system (Childrens Court), and parenting orders (parental responsibility) through the federal family courts. Choosing the correct pathway — and preparing the right evidence — is essential to achieving a stable, child-focused outcome.
VM Family Law advises and represents carers, relatives, and parents across both systems. If you need help working out the right approach and next steps, we’re here to support you.
Official Information Sources
Queensland Law Handbook – Child Protection and related guardianship topics
https://queenslandlawhandbook.org.au/Federal Circuit and Family Court of Australia – Parenting orders (parental responsibility, living/time)
https://www.fcfcoa.gov.au/Legal Aid Queensland – Child protection; parenting orders and children
https://www.legalaid.qld.gov.au/Queensland Government (Families and Legal) – Child protection, child safety, and family support information
https://www.qld.gov.au/families/legalFamily Relationships Online – Family law pathways, services and dispute resolution
https://www.familyrelationships.gov.au/Queensland Law Society – Find a family or child protection practitioner; legal resources
https://www.qls.com.au/
