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- What is an eligible child support carer?
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An eligible carer is somebody who has shared care of the child
According to section 7B of the Child Support (Assessment) Act 1989 (Cth), an eligible carer is somebody who has shared care of the child. However, there are some restrictions to this.
Meaning of eligible carer
(1) In this Act, eligible carer, about a child, means a person who has at least shared care of the child.
(2) Despite subsection (1), if:
(a) a person cares for a child; and
(b) the person is neither a parent nor a legal guardian of the child; and
(c) a parent or legal guardian of the child has indicated that he or she does not consent to the person caring for the child;
then the person is not an eligible carer for the child unless it would be unreasonable in the circumstances of a parent or legal guardian of the child to care for the child.
(3) For subsection (2), it is unreasonable for a parent or legal guardian to care for a child if:
(a) the Registrar is satisfied that there has been extreme family breakdown; or
(b) the Registrar is satisfied that there is a serious risk to the child's physical or mental wellbeing from violence or sexual abuse in the home of the parent or legal guardian concerned.
A non-parent carer cannot be considered an eligible carer if the parent or legal guardian of the child has indicated that he or she does not consent to the person caring for the child unless it is unreasonable for a parent or legal guardian to care for a child.
Circumstances under which it is not reasonable for a parent to care for their child arise:
a) when the registrar is satisfied that there has been an extreme family breakdown or
b) when the registrar is satisfied that there is a serious risk to the child’s physical or mental well-being due to violence or sexual abuse in the home of the parent or legal guardian concerned.
If you are a non-parent carer who is seeking child support, our family lawyers can assist you in determining whether you are eligible to obtain child support and can explain all the options available to you, as well as your rights in the situation.
