Generally, when a child is born, both parents become legal guardians of their child. There are some situations in which guardians are removed, or additional guardians are appointed, but the most common situation is that both parents are guardians.

Guardianship includes all of the duties, powers, rights and responsibilities that a parent of a child has in respect of a child’s upbringing. This includes all major decisions for a child.

When parents separate, each parent has equal guardianship rights in respect of their child. This means that both parents have an obligation under law to consult and try to reach agreement with the other guardian about the important decisions for their child. Even if one parent has the child in their care more often, guardianship obligations cannot be ignored.

Breaching guardianship obligations is taken very seriously by the Family Court. For this reason, it is very important that guardians consult with one another on all the major decisions for a child.

Major Guardianship Decisions for a Child:

Where a Child Lives / Travel

Where your child lives is a guardianship decision that both parents must be consulted on and agree to. This can become an issue if one guardian wants to relocate with their child to a different city or country, away from where the child has been based in the past and away from the other guardian.

Guardians also need to consult and agree to travel plans for a child, particularly for overseas travel. In some situations, urgent Family Court applications are needed to prevent one guardian from travelling with the child without the other guardian’s consent, or to return the child to their hometown f they have moved without the other guardian’s consent. 

Major Medical Decisions 

Only medical treatments that are “not routine in nature” are guardianship decisions that require consultation and consent from both parents. It is not always clear whether a medical treatment is routine or not. However, it is generally accepted that minor medical decisions, including treating minor cuts or colds, are not guardianship decisions. Surgery, some medications, dental procedures, and vaccinations, are generally considered not routine in nature by the Family Court and therefore need to be agreed between guardians. 

Other Important Guardianship Decisions

The school that a child attends, a child’s name, a child’s registered sex, their religion, culture, and language, are also guardianship decisions that must be made jointly. Both parents should be involved in and consulted about these decisions.

What happens if Guardians Cannot Agree?

If guardians cannot reach agreement, then they ought to attend Family Dispute Resolution. If they still can’t agree or if the matter is urgent then an application to the Family Court may be necessary. When making a decision about a guardianship dispute, the main consideration for the Family Court is what is in the welfare and best interests of the child.

Want to Learn More?

Get in touch with our Wellington and Rotorua family teams, for personalised advice and to book a consultation.