How do I appoint guardians for my children?

Your partner can be appointed as a guardian for your children upon application to the Family Court.

The acceptance of this application is subject to certain conditions:

  • The partner must have been sharing day-to-day care of the child for at least one year
  • Both parents must agree to the appointment of the guardian (unless one is deceased)
  • The partner must not have been involved in any proceedings relating to the harm of children, domestic violence, or care and protection proceedings

Testamentary guardians can also be appointed by the parent’s will upon their death. This appointment, however, is subject to challenge from other guardians of the child.

If you would like further advice regarding appointing a guardian for your child, please make an appointment with Scott Donaldson or Malcolm McKenzie.

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