De Facto Custody

If a party can demonstrate that they can meet the needs of children by providing a caring and stable home and that person has cared for and supported the child they may be able to may obtain legal and physical custody of the child provided that custody with the third party is in the child’s best interests.

A De Facto Custodian must an individual who is related to a child within the third degree of consanguinity (great-grandparents, great aunts/uncles, first cousins and closer relations), has been the primary caretaker and financial supporter of the child/ren, and the child/ren have resided with the individual without a parent present and with a lack of demonstrated consistent participation by a parent for a period of six (6) months or more if the child is under three (3) years of age; or one (1) year or more if the child is three (3) years of age or older.

You cannot be a de facto custodian if the child/ren have resided with you because they were placed with you as part of a child protection action or if you are living with or you are/were married to the parent of the child/ren.