Parents, guardians and caregivers Explaining the Care of Children Act and what happens if there is a dispute What this chapter covers Guardianship of children Who a child’s guardians are, the responsibilities of guardians and the different types of guardians Paternity How…
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Guardianship of children What is guardianship? Care of Children Act 2004, s 15 Being a guardian of a child means having the responsibilities that come with raising a child. Who can be a guardian? Care of Children Act 2004, ss 17, 21…
Guardianship of children Parents as guardians Care of Children Act 2004, s 17 The parents are usually automatically guardians of the child together. However, in some situations the mother may be the child’s sole (only) guardian. Parents are often called “natural” guardians.…
Guardianship of children Other people as guardians In some situations, people other than a child’s parents can become guardians of a child. These situations are explained below. Testamentary guardians What is a testamentary guardian? Care of Children Act 2004, s 26 A…
Guardianship of children Disputes between guardians Care of Children Act 2004, s 46E What happens if guardians disagree? If you and your child’s other guardian can’t agree on decisions about the child – for example, about what school they should go to…
Guardianship of children When guardianship ends When and how does guardianship end? Care of Children Act 2004, s 28 Guardianship ends when the child: turns 18, or gets married, enters into a civil union, or lives with someone as a de facto…
Paternity Proving paternity How do you prove paternity? Status of Children Act 1969, s 8 There are a number of ways you can prove paternity: if a man is married to the child’s mother, there is a “legal presumption” that the mother’s…
Paternity Paternity order What is a Paternity Order? Family Proceedings Act 1980, ss 47–53 A Paternity Order is an order made by the Family Court saying that the court is satisfied that a man is the father of a child. Paternity orders…
Paternity Declaration of paternity Status of Children Act 1969, s 10 What is a declaration of paternity? A declaration of paternity is an official statement by the Family Court or High Court that shows a man is the father of a child.…
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