Can I assign a legal guardian?
The Court must confirm the appointment for the guardianship to be legal. If you have sole custody of your child, then you may appoint anyone you wish. The other parent of the child may make an application upon your death for guardianship. For example, you may appoint one sister as guardian of the child’s person.
How do I make someone my guardian of my child?
You can write a letter naming a guardian for your children and keep it with your important papers or write in your will who you want to be the guardian of your children when you pass away. But if both parents are dead, the court will decide who the guardian is. The court will try to appoint the person you wanted.
Are parents automatically legal guardians?
A guardian is the person legally responsible for caring for a child and managing their affairs until they are age 18. You and your child’s other parent are automatically your child’s guardians until your child is 18 years old, unless there has been some legal process to change that arrangement.
How long does a guardianship order last?
The Special Guardianship lasts until the child is 18 (unless the Order is changed or cancelled) The Court would decide whether the grant a person Special Guardianship upon receiving an application.
What does a guardianship order mean?
Guardianship orders are made by the Children’s Court of NSW on a final and long-term basis by placing a child or young person in the independent care of a guardian. An order prohibiting action is made by the Children’s Court to specify actions parents and others cannot take.
How do you oppose guardianship?
A person who is opposed to the guardianship has the following limited options:
- Ask the Court to Undo the Guardianship & Start Over. A person can file a “Motion to Set Aside the Order” if the guardianship order is wrong or unjust.
- Ask the Court to Remove and Replace the Guardian.
- Ask the Court to End the Guardianship.