1. Appoint a new partner as a guardian

Appoint a guardian

Appoint a new partner as a guardian

Where to start
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Overview

You can apply to the Family Court have a new partner appointed as a guardian.

You can apply to a deputy registrar or a judge

You can apply to a deputy registrar if:

  • both of the child’s birth parents agree
  • the new partner has had shared responsibility for the child’s day-to-day care for a year or more
  • the new partner has never been involved in proceedings concerning a child under the Care of Children Act, Oranga Tamariki Act, or the Family Violence Act
  • the new partner has never been convicted of an offence involving harm to a child
  • this is the first time you or your child’s other parent have used this process to appoint a new partner as an extra guardian
  • a deputy registrar approves the application.

You can apply to a judge if:

  • your application doesn’t meet the criteria above
  • the deputy registrar declines your application
  • you have already used this process before.

How to apply

1

Understand what you need

Your new partner will need to get a criminal record check and include the outcome with the forms.

Get a copy of a criminal record

A lawyer can help you apply for court orders and they may also represent you in court.

2

Complete the application forms

All three forms below need to be completed when making your application.

If you need the forms sent to you, freephone the Ministry of Justice on 0800 224 733. You can also pick them up from the court.

Find your nearest court

You must print the forms single sided.

3

Get all your documents together

Your application should include:

  • an Appointment of additional guardian by parents’ application form
  • a Declaration of parent (or testamentary guardian) application form
  • a Declaration of the proposed additional guardian of the child
  • the outcome of a criminal record check for your new partner.
4

File your application

You can file your application electronically, by post, or in person. When you file your application, it must have the original signatures. You must file your application at the correct courthouse. If you file your application in person or by post, you’ll need to provide enough exact copies for everyone named as a party to your application and keep a copy for yourself.

How to file documents

Court staff will contact you if they need more information.

Fees when using the Family Court

You don’t need to pay a court filing fee for this application. There may be other fees involved when using the Family Court. This may include:

  • lawyers’ fees and charges
  • cost contribution orders

Family Court fees and funding

Costs you need to pay after your case

After you apply

A deputy registrar will consider your application and decide to approve or decline.

If the deputy registrar approves your application

If your application is approved, the deputy registrar will send you a notice of approval to appoint. The notice is an official document saying your application has been approved and your new partner has been appointed as a legal guardian.

If the deputy registrar declines your application

If they decline your application, they’ll write this on the application form and return it to you. If you would still like your new partner to be a legal guardian of your child, you can apply to a judge.

Appoint another person as a guardian

How long it will take

This depends on when a deputy registrar can consider your application. If you want an update, freephone the Ministry of Justice on 0800 224 733.

Resources in other languages and alternate formats

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