Guardianship of children
When guardianship ends
When and how does guardianship end?
Guardianship ends when the child turns 18. Guardianship will also end when a 16 or 17 year old gets married, enters into a civil union, or starts a de facto relationship – but to do any of those things the 16 or 17 year old will first have to get permission from a Family Court judge.
Guardianship also ends if a guardian is removed by the Court or if the guardian was appointed for a specific period or purpose and the period ends or the purpose is achieved.
Note: Guardianship has been described as a “dwindling right”. This means that even though guardianship may not have legally come to an end, as a child gets older and gains in maturity and understanding, their views become more important and the rights of a guardian to make decisions for the child decrease.
Removal of guardians by the courts
When can a parent be removed as a guardian?
The Family Court can remove a guardian if it is satisfied that:
- for some very serious reason the person is unfit to be a guardian, or
- the person is unwilling to be a guardian, and
- the removal will be in the welfare and best interests of the child.
In practice, this means that there will have to be a very serious reason before a parent is removed as guardian.
Removing a testamentary, court-appointed, or additional guardian
In the case of removal of a testamentary guardian, court-appointed guardian, or new spouse or partner appointed as an additional guardian, the only question is whether the order for removal will serve the welfare and best interests of the child.