When is a father not 
his child's guardian?

Usually, a child's mother and father are joint guardians of the child. They are often referred to as the child's natural guardians.

A child's mother is automatically a guardian of the child. The child's father is a guardian if one or more of the following applies -

• From conception until birth of the child, he was married to (or in civil union with) the mother
• He was living with the mother when the child was born (if child conceived before 1 July 2005), or
• He was living with the mother at any time between conception and birth (if child conceived from 1 July 2005 onwards), or
• He is recorded as the child's father on their birth certificate (from 1 July 2005 onwards).

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A father who is not automatically a guardian of the child can apply to the Family Court to be appointed as guardian by the Family Court or with the agreement with the child's mother (this agreement must be considered and confirmed by a Family Court Judge).

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