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Overview
A child’s birth parents are usually automatically their guardian at birth. The court can appoint other people as guardians for a child.
Anyone appointed as a guardian for all guardianship purposes has the same responsibilities as a birth parent. If a person is appointed as a guardian for specified purposes, they’ll only be able to make certain decisions about the child. For example, decisions about medical treatments only. A guardian can be appointed permanently or temporarily depending on what you ask for.
Who can apply
Legal guardians can apply to the Family Court for another person to be appointed as a child's guardian. For example, you may want to appoint a new partner or whānau member. You may want an extra guardian for your child because:
- you want your child’s father to be a legal guardian
- you want your new partner or a whānau member to be a legal guardian
- you’re going to be out of the country and your whānau will look after your child while you’re gone.
Other people involved in the child’s life may apply to the court if they think they should be a guardian. They don’t need permission from the child’s existing guardians to apply. Anyone named as a respondent on the application will receive a notice of the application and have a chance to respond.
If you decide to appoint another person as a guardian, you should think about what is in the child’s best interests. Find out what the child thinks and consider their views before you decide.
Anyone can apply to the Court to remove someone as a guardian. Removing someone as a guardian is the same for all guardians.
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Going through a change in your whānau situation can be hard. It's normal to feel overwhelmed. There are services available to help and support you through this time.
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