Guardianship and what comes next
When a child loses a parent.
When a parent dies, the child loses not only the person but the structure of daily life. The decisions in the months ahead are big — but you do not have to make any of them today.
Who has parental responsibility
In Australia, if a parent dies, the surviving parent normally continues with parental responsibility. If both parents have died, the will may name a guardian — but this is a wish, not always automatic. Family Court can be involved if there is no clear arrangement. A family lawyer can help you understand the situation in your state or territory — and if cost is a barrier, Legal Aid and community legal centres give free family law advice everywhere in Australia, though ongoing help from Legal Aid depends on eligibility.
Federal Circuit and Family Court of Australia
Parenting arrangements are decided under federal family law — the same in every state.
Stay still if you can
In the first months, most child grief specialists recommend keeping as much of life the same as possible — same house, same school, same bed, same routines. Big moves can wait until the worst of the shock has passed. There is no rush.
Honour the parent who has died
In whatever care arrangement forms, make space for the parent who has died. Photos in the house. Their birthday remembered. Stories told. The child is not “moving on” — they need both parents woven into the rest of their life.
Visitations with extended family
Grandparents, aunts and uncles on the side of the parent who has died are often a profound source of support — and connection to the parent. Try to keep these relationships open, even when grief makes them hard.
Get support — for them and for you
- A child grief specialist (ask your GP for a referral, or search Grief Australia's directory of certified bereavement practitioners)
- A family lawyer for the legal questions
- A grief group for bereaved kids (Feel the Magic, local hospices)
- A counsellor for you — you can’t carry this alone
Grief Australia
National peak body for grief and bereavement — counselling, training, support groups, the My Grief app.
Griefline
Call 1300 845 745 · Mon–Fri 10am–8pm AEST/AEDT
See all 64 guides in Grief & healing →
From bluetulipco.com/library/grief/guardianship — printed 1 October 2026.
General information only — not a substitute for legal, medical, financial, or therapeutic advice. Read the full disclaimer.
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