Guardians have many responsibilities, including making important decisions about:
- where the child lives and with whom
- the child's medical treatment
- the child's school
- the child's culture, language, and religion
- if they can travel outside of Aotearoa New Zealand
What does a guardian do?
A guardian is an adult who is responsible for a child's care, growth, and upbringing. A guardian's role is to provide care and protection for a child, known as the ‘ward’, when the child's parents are unable to do so. Guardianship can be temporary or permanent until the reach the age of 18.
Are there different types of guardianship?
A guardian can be appointed for all guardianship purposes or for specific purposes. A guardian appointed for specific purposes can only make certain decisions, such as medical treatment decisions depending on the Court’s order.
How do you apply to become a guardian?
You can apply to become a child’s guardian at the Court nearest to where the child you’re applying for guardianship of lives. You can talk to a lawyer, or you may be able to get legal aid or free community legal help.
To apply to become a guardian you must:
- Complete the required forms
- File the forms with the Family Court
You can get the forms from the Ministry of Justice website or by calling them at 0800 224 733. You can file the forms in person, by post, or electronically. Ministry of Justice: Appoint a guardian
Things to consider
Some things to consider when thinking about becoming or appointing a guardian include:
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Age: The main requirement is that you be at least 18 years old.
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Background check: The court may consider whether you can pass a background check with no felonies or misdemeanours.
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Child's views: What does the child think and what are their views?
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Will: You can include your wishes for a guardian in your Will.