What is a guardian?
The parents of a child are usually automatically guardians often referred to as “natural” guardians. Generally the parents listed on a child’s birth certificate are a child’s guardian also.
Guardians have the following responsibilities:
Providing day to day care for the child.
Contributing to the child’s intellectual, emotional, physical, social, cultural and other personal development.
Determining for or with the child, or helping the child to determine, questions about important matters affecting the child.
Important matters affecting the child include the following:
The child’s name (and any changes to it, including surnames).
Changes to the child’s place of residence including travel that may affect the child’s relationship with his or her parents or guardians.
Medical treatment for the child (if that medical treatment is not routine in nature) including vaccinations.
Where and how the child is to be educated.
The child’s culture, language and religious practise.
Guardianship obligations generally continue until a child reaches the age of 18.
Guardians must consult each other and jointly make decisions relating to the child’s upbringing. If a couple separates, both parents will remain guardians. This means that one parent cannot make important decisions relating to the child on their own. For example, one parent cannot decide to move with the child to a different city without consulting and obtaining the consent of the other guardian.
Where guardians cannot agree on a guardianship matter, guardians can seek assistance from family friends or counsellors to help reach a decision together. In the event guardians are still unable to agree, either guardian can apply to the Family Court for an order settling the guardianship matter.
The Family Court regularly determines guardianship disputes relating to a child’s schooling, religious practises, medical or dental treatments, place of residence and cultural activities. In considering any application, the Family Court’s paramount consideration will be the child’s welfare and best interests.
Guardians usually cannot apply to the Family Court for an order resolving the guardianship dispute unless they have tried to agree through Family Dispute Resolution, which is a mediation process. In addition, the guardian making the application usually has to have completed a parenting through separation course.
For any further information about guardians and guardianship decisions, please contact MDLAW.