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18 June, 2015 | Pauleen Clark
Guardianship can also be conferred on a person by way of adoption or being appointed as an additional guardian by the Court (for example, a step-parent or other significant person in a child’s life).
If both of the child’s parents are guardians and the parents separate, they will both still be the guardians of the child even if they live separately. This is regardless of who the child lives with.
If a step-parent or other person seeks to be appointed as an additional guardian of a child, we advise that you call us to discuss your situation.
Guardians are responsible for making decisions regarding the child’s care, development and upbringing (i.e. all decisions which parents have to make).
If the child has more than one guardian, the guardians are encouraged to make important decisions regarding the child, jointly. Guardians are expected to consult with the child in the decision making process. Examples of such decisions include:
When a guardian dies, if they have not named a testamentary guardian (a person named in their Will or other deed, to be a guardian), or if someone is not satisfied with the person named as a testamentary guardian, then a person can apply to the Family Court to be appointed as a guardian of the child.
A testamentary guardian’s role is similar to those of a normal guardian, except they do not necessarily provide the role of caring for the child on a day-to-day basis. If you wish to know more about testamentary guardianship, please contact us.
Please note that In accordance with our obligations under the Lawyers and Conveyancers Act 2006, we cannot provide legal advice unless you have become a client of Smith and Partners and have received our Terms & Conditions of Engagement and Info for Clients.
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