How Can I Get Guardianship of My Siblings?

Taking on the responsibility of caring for your younger siblings can be an emotional and overwhelming decision, especially when the situation at home is unstable or unsafe. In Australia, it is possible to gain custody of your siblings, but there are legal steps involved, and the courts will always focus on what’s in the child’s best interests.

While most people refer to this as "custody," in legal terms you may actually be applying for guardianship or parental responsibility. These terms involve different rights and responsibilities, but the key idea is that you’re stepping in as the legal decision-maker in the child's life. In some cases, temporary guardianship may be granted while longer-term arrangements are sorted out.

Yes, under certain circumstances, you may be able to gain guardianship of your siblings. This often happens when parents are no longer able to care for their children due to issues like neglect, abuse, addiction, illness, or absence.

To be granted guardianship, you’ll need to show the court that:

• The parents are unable or unfit to care for the child. This could include evidence of neglect, abuse, abandonment, or other serious concerns.
• You’re capable of providing a safe, stable, and supportive environment for your siblings. This includes your financial situation, living arrangements, and ability to meet their emotional and physical needs.
• Taking custody is in the best interests of the child, the court considers factors like the child’s age, existing relationships, and emotional wellbeing.

The court may also consider the views of your siblings, particularly if they are mature enough to express a preference.

Gaining guardianship usually involves:

1. Filing an application in the Family Court or Children’s Court.
2. Providing evidence of the current situation at home and your ability to care for your siblings.
3. Attending a hearing, where the judge will make a decision based on the child’s best interests.

Government child protection agencies may also be involved if there are serious welfare concerns.

Trying to get guardianship of your siblings is a big responsibility, but it can also be a powerful act of love and protection. It’s not a simple process, but if you believe it’s the right thing to do, there are legal pathways available. We strongly recommend seeking legal advice early on to understand your options and get the support you need.

For more family law advice like this, feel free to reach out to Genuine Legal for a consultation.
Call us on (07) 2102 0641 if you need our assistance.