Guardianship in New Zealand - who can be appointed?
Generally, both the mother and father of a child are joint guardians of the child. Being a guardian of a child means having the responsibilities that come with raising a child. These responsibilities continue until the child turns 18 and include:
Providing the day-to-day care for the child.
Contributing to the child’s intellectual, emotional, physical, social, cultural, and other personal development.
Helping to make, or helping the child to make, important decisions about the child’s life, including but not limited to:
The child’s name (and any changes to it).
The child’s registered sex (and any changes to it).
Changes to the child’s place of residence that may affect the child’s relationship with his or her parents and guardians.
Medical treatment for the child (if that medical treatment is not routine in nature).
Where and how the child is to be educated.
The child’s culture, language, and religious denomination and practice.
Guardians of a child must act jointly with any other guardians of the child when making guardianship decisions, this applies even if the guardians have ended their relationship. If guardians of a child are unable to agree on a matter concerning the exercise of their guardianship, any guardian may apply to the Court for directions and assistance to resolve the dispute between guardians. In most circumstances, guardians must have tried to reach agreement through the Family Dispute Resolution process before an application can be made.
Can a guardian be appointed?
The Court may appoint a person as a guardian of a child, either for a specific purpose or generally, and wither for a specified period or not, on an application by any person, or on its own initiative. The Court will only make an order if they are satisfied that doing so will be in the child’s welfare and best interests.
The Court may appoint an eligible spouse or partner as an additional guardian of a child if there is agreement from both parents of the child, a parent of the child if the other parent is deceased, or a parent of the child and a guardian of child.
A spouse or partner of a parent is eligible to be appointed an additional guardian if the spouse or partner:
Has shared the responsibility for the child’s day-to-day care for at least one year, and
Is not, and has never been, involved in proceedings concerning a child under the Care of Children Act, a former Act corresponding to the Care of Children Act, or Part 2 of the Oranga Tamariki Act 2018 which relates to the care and protection of children and young persons, and
Is not, and has never been, either a respondent or an associated respondent in proceedings under the Family Violence Act 2018, and
Has never been convicted of an offence involving harm to a child, including (without limitation) an offence involving family violence, ill-treatment, abuse, neglect, deprivation in relation to a child, or an offence involving child pornography publication.
Can a guardian be removed?
The Court may remove a guardian on an application by an eligible person if the Court are satisfied that:
The parent is unwilling to perform or exercise the duties, powers, rights, and responsibilities of a guardian, or
The parent is for some grave reason unfit to be a guardian, and
Removing the parent as a guardian will be in the best interests of the child.
The Court must not make an order removing a parent as a guardian unless the Court is satisfied that the order will serve the child’s welfare and best interests.
If you require advice or assistance with guardianship matters, please contact us on (03) 379 3880 and ask to speak with our Family Law Team.
