Guardianship

Care Of Children Act 2004

A guardian is someone who has the right to be consulted about the ‘big life’ decisions made for a child.

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Who is a Guardian?

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Unless the Court has removed her guardianship rights (which is very rare), a child’s mother will always be a guardian.

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A child’s father will be a guardian is he:

• was living with mum during her conception/pregnancy

• is recorded as dad on the birth certificate

• has been recognised as/appointed as a guardian by the Family Court

Anyone else, can be appointed by the court (such as a grandparent who is caring for a child) or can be named to be a guardian in a parent/guardians will (called a testamentary guardian).

What are Guardianship Decisions?

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Guardianship decisions include (there are others):

• International travel

• Place/region of residence within New Zealand

• Medical decisions/treatment options

• Choice/type of schools (e.g. mainstream, home-schooling, immersion classes etc).

• Choice of medical providers/dentists

Guardianship is, fundamentally, about ensuring the important people have a say in the big decisions about their child’s care and welfare.

Before You Act

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Both guardians need to be on the same page before a guardianship decision is made.

It is generally a breach of the other guardians’ rights if you make a guardianship decision – such as moving the children from living in Auckland to living in Wellington – without the other guardian being consulted and having agreed.

If you cannot agree the Family Court can be asked to make the decision for you.

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IF YOU NEED URGENT ASSISTANCE

We understand these matters are often urgent; if you need assistance outside of our ordinary office hours, please call or text on 0221 202 303.

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We provide Guardianship advice on a legally aided basis, to those who qualify.