Unless a court order says otherwise, either parent can usually bring a child to the dentist and consent to routine care, and the Child Dental Benefits Schedule (CDBS) follows the child, not the parent who books. Avant's factsheet puts it plainly: both parents keep their individual rights as parents, so either can consent to treatment and ask for the child's records, with two main exceptions, a court order to the contrary or a child mature enough to decide for themselves. Services Australia ties CDBS eligibility to the child, not to which house the child sleeps in. This guide covers who can consent, who can see records, how CDBS works across two households, and what to tell the practice at booking. Parenting arrangements differ, so get legal advice for your own situation.
Written by Dr James Tran, BDent (University of Sydney), MICOI, GradDip (Oral Implants), general dentist at Lumi Dental in Melrose Park.
The short version
- Either parent with parental responsibility can usually consent to routine dental care. Parenting orders can change that, so tell the practice if orders exist.
- Both parents can usually ask for the child's dental records unless an order limits access; the practice records who attended and who consented.
- CDBS eligibility is about the child: Medicare, aged 0 to 17 for at least one day in the calendar year, and an eligible payment to the child or to a parent, carer or guardian that year.
- The CDBS cap is per child over two calendar years, so visits booked by either parent draw on the same balance.
- Emergencies are treated on the consent of the parent present; larger elective treatment is best agreed by both parents.
- For what the scheme pays for, read our plain-English guide to the Child Dental Benefits Schedule.
The single rule: either parent can usually consent, and CDBS follows the child
If there are no court orders, the parent who brings the child can usually consent to routine care and the dentist may rely on that consent. If there are parenting orders, what they say about decision-making and medical care decides who must agree, and the practice will ask for a copy. CDBS sits apart from all of this: the benefit belongs to the child, and the dentist checks eligibility and the remaining balance at the appointment.
Who can consent to a child's dental treatment after separation
Dental Protection's guidance for Australian practitioners starts with the Family Law Act: each parent of a child under 18 has parental responsibility, and subject to any court orders each has a role in deciding what is reasonable for the child, including authorising medical treatment. Parenting orders made by a court can allocate decision-making and are legally enforceable; parenting plans agreed privately are not. Where no orders apportion responsibility, Dental Protection advises that a practitioner may assume the parent in attendance can consent. Where orders require both parents to consent, the practitioner should obtain the orders and signed consent from both and keep them on file.
Legal Aid NSW draws a useful line for everyday decisions. Day-to-day care, such as taking a child to a doctor for a cough or cold, sits with the parent the child is with at the time; shared decision-making covers prescribed medicines, tests, vaccinations and surgery other than emergencies. A check-up and clean sits at the everyday end; a general anaesthetic, several extractions or orthodontics sits at the shared end, where both parents are best informed and agreeing. Legal Aid NSW also notes there is no set age at which a child can make their own medical decisions; it depends on maturity and is often around 14.
| Situation | Who can usually consent | What the practice does |
|---|---|---|
| Check-up, clean, fluoride, fissure seals | The parent who brings the child, unless orders say otherwise | Records who attended and who consented |
| Fillings or a simple extraction | The parent present; courteous to tell the other parent | Sends the plan and written quote to both parents on request |
| Larger elective treatment (orthodontics, general anaesthetic referral, multiple extractions) | Both parents where decision-making is shared; orders may require both | Asks about orders; may defer non-urgent work until parents agree |
| Emergency (trauma, abscess, severe pain) | The parent present; if no parent can be reached, a practitioner may act to prevent serious harm | Treats, documents, encourages telling the other parent |
| Grandparent, step-parent or nanny brings the child | Usually needs written authority or phone confirmation from a parent | Checks before treating; may limit the visit to an examination |
| Mature teenager | The young person may consent for themselves, assessed case by case | Still agrees costs with the paying parent |
Records, reminders and who gets the treatment plan
Avant's position is that either parent has equal access to the child's records unless a court order says otherwise, and it recommends that a parent asking for records put the request in writing. Dental Protection adds a sensible step for extensive treatment such as orthodontics: written consent from the parent present for release of records to the other parent.
Ask the practice to send treatment plans, quotes and recall reminders to both parents if you both want them. Written quotes matter more when two households split the cost; our article on informed financial consent and written quotes explains what a quote should contain. If the child is moving between dentists after a separation, our guide to transferring records and X-rays covers the request.
How CDBS works when parents live apart
Services Australia sets three conditions, all about the child: eligible for Medicare, aged 0 to 17 for at least one day in the calendar year, and the child, or a parent, carer or guardian, receives an eligible Centrelink payment at least once that year. There is no application; a letter is sent, and the dentist checks eligibility and the remaining balance at the appointment. One parent's payment may be what makes the child eligible, but the benefit itself is the child's, and either parent can use it at a dental visit.
The cap is per child. Services Australia covers up to $1,158 for each eligible child over two consecutive calendar years for basic services; the amount is indexed each 1 January, so check the current figure. Because there is one balance per child, a filling claimed at one parent's dentist reduces what is left for a check-up booked by the other. At the appointment, the person attending signs a consent form agreeing to the services and their cost. The scheme does not cover orthodontics, cosmetic work or treatment in hospital, and a service cannot be claimed from both CDBS and a private health fund.
What to tell the practice at booking
- That the parents are separated, and whether parenting orders exist. If they do, bring a copy for the child's file.
- Which parent is the contact for this appointment, and whether both want reminders, plans and quotes.
- That you want to use CDBS, and roughly how much of the balance remains.
- The Medicare card the child is listed on. Children can appear on more than one card; either should work provided the child is on it.
- Who will pay any gap, agreed before the visit; the team at Lumi Dental would rather have that conversation by phone beforehand, via the contact page.
When parents disagree about treatment
Avant's advice to practitioners is to encourage parents to resolve a disagreement between themselves and, if that fails, to seek legal advice and perhaps the family court, which decides on the child's best interests. Avant says it is legal to proceed on one parent's consent, but warns the practitioner may have to justify that decision later, which is why I treat preventive care and genuine emergencies on the day and let bigger elective plans wait for agreement. Legal Aid NSW explains the pre-action steps: mediation first unless an exemption applies, then a certificate that allows a court application. Preventive visits are rarely contested; where they are, a dentist can at least examine, record and advise so both parents decide on the same information.
How we approach this at Lumi Dental
At Lumi Dental in Melrose Park, the whole practice accepts the Child Dental Benefits Schedule for eligible children, and the front desk notes at booking whether parents are separated, whether orders exist, and who should receive reminders and quotes. A dentist examines and diagnoses at each visit; the hygiene team of oral health therapists looks after cleans, fluoride and fissure seals. For what a child's visit involves, see the children's dentistry page.
Questions patients ask
Can one parent take a child to the dentist without the other parent's permission?
Usually yes, for routine care. Avant and Dental Protection both describe either parent as able to consent unless a court order says otherwise or the child is a mature minor. If a child is new to the dentist, our first dental visit guide explains what happens.
Does my ex have to agree before my child gets fillings?
In most cases a filling can go ahead on the consent of the parent present, because treating active decay is in the child's interests and delay makes it worse. Larger elective treatment, such as orthodontics or a general anaesthetic referral, is better agreed by both parents, and some parenting orders require it.
Can I use the CDBS if my ex gets the Centrelink payment?
Usually yes. Eligibility is assessed for the child, and the payment condition is met if the child or a parent, carer or guardian receives an eligible payment during the year. The balance is shared, so check it in myGov first.
Can both parents get a copy of our child's dental records?
Usually yes. Both parents have equal access unless a court order limits it, and a written request is the standard route. The practice may consider the parenting orders before releasing copies.
What happens if my child has a dental emergency at the other parent's house?
The parent present consents and the child is treated; Legal Aid NSW advises telling the other parent as soon as possible. Our article on child toothache and when to see a dentist covers what to do that night.
Book your child a check-up in Melrose Park
If you are co-parenting, the team at Lumi Dental in Melrose Park can note your arrangements at booking and check CDBS eligibility on the day. See the current offers, read about children's dentistry at Lumi Dental, and book a check-up. Families visit from Ryde, Parramatta, Ermington, Rydalmere and nearby suburbs.
Sources
- Services Australia: Who can get the Child Dental Benefits Schedule
- Avant Mutual: Children's care and separated parents (factsheet)
- Dental Protection: Stuck in the middle, when a child patient has divorced parents
- Legal Aid NSW: Medical decisions for your child after separation
About the author
Dr James Tran is a general dentist at Lumi Dental in Melrose Park. He holds a BDent from the University of Sydney and a Graduate Diploma in Oral Implants, and is a Member of the International Congress of Oral Implantologists (MICOI).
This article is general information only and is not a substitute for an examination and individual advice from a registered dental practitioner. Suitability for any treatment varies from person to person.
