What on earth does Guardianship mean?

The fact that you may have separated from your child's other parent does not mean you lose your rights to have a say in how that child is brought up.

The relevant legislation is the Care of Children Act 2004, which governs the concept of guardianship. Guardians have rights and responsibilities in relation to a child. Guardians must consult and try and reach agreement about important decisions that affect a child's life, such as the child's name, medical treatment, schooling and where in the world the child lives.

Ideally, you and your children's other parent will be able to agree on guardianship matters for your children, but sometimes this is impossible.

It is particularly important to act quickly if you believe the child's other parent is going to remove them permanently from the district or the country. Failure to act quickly may mean your children are removed from the jurisdiction and it can be a long, painful and very expensive process to get them back.

If you believe your guardianship rights are not being respected by the other parent, you should obtain legal advice. Unless you know your rights and understand the law, irreversible decisions could be made that will affect your child's future forever.

If you are caring for a child who is not your legal child, you may not be a guardian. This could cause issues in the future if, for example, the child needs medical treatment or needs to be enrolled in school. Caregivers can apply to be appointed as guardians. Seek legal advice before making this important application.

Getting started:

If you are on a low income, you may be eligible for free legal advice under the Family Legal Advice Service. For those not eligible for government funding, I am able to provide a one-off consultation for a fixed fee of $299.00 incl GST.

For urgent matters where a child is about to be removed from the district, or where urgent medical treatment is an issue, you are always going to get a better outcome from the Court process after seeking legal advice. I can help you to make an urgent application to the Family Court.