What is a guardianship
order?

Guardianship is the term used to describe the bundle of rights and responsibilities of a parent. Every child in New Zealand has at least one natural guardian (the mother). Most children in New Zealand have two guardians (the other guardian being the father).

Even if guardians separate or divorce, they retain their rights of Guardianship. It is uncommon for a Guardian to be removed as a Guardian by the Family Court.

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A Guardian who does not have day-to-day care (formerly custody) of a child, may feel excluded. However a guardian has the right to participate in important decisions regarding the child. If Guardians cannot agree on these decisions, they can ask the Family Court to make a decision on the Guardianship issue in dispute.

Guardianship decisions are governed by the Care of Children Act 2004. The Care of Children Act 2004 came into force on 1 July 2005. Under the previous Act, the Guardianship Act 1968, "day-to-day care" was called "custody", and "contact" with children was called "access" to children.

Contact

Contact Antoinette Vujnovich, Auckland family lawyer, to discuss your Auckland Family Court application or make an appointment.
m: 021 210 0930
info@edenfamilylaw.co.nz