Children's rights with guardianship

Children and young people have a right to be listened to

Children and young people have a right to ask any questions about important matters affecting them. Children and young people have the right to say what they think and feel about things that affect them. For example, if guardians disagree about where a child should go to school, the child must be given a fair chance to say what they think. It’s a guardian’s responsibility to talk through any questions the child has about important matters affecting them.

If you have asked the Family Court to settle the disagreement, the judge has to consider what the child says.

If a young person doesn't like a guardian's decision

If a young person aged 16 or older is unhappy about a decision their guardians make about them, or their guardians won’t give consent for an important matter, they can ask the Family Court to review the decision. For example, a young person doesn’t agree where they will live day-to-day.

A child can legally agree to medical procedures when they turn 16

When a child turns 16, they can choose whether they want to agree or not to any treatment or procedures. Procedures can include an operation, dental work, or a blood transfusion.

A female of any age has the legal right to agree or not agree to have an abortion. Parents, guardians and whānau cannot force a child or young person to continue with, or abort, a pregnancy.