Guardianship disputes

Guardianship of a child is a legal and equal right afforded to both mother and father of the child. Guardianship decisions relate to things such as the medical treatment a child has, their education, or the location in which they live.

Where a child is not in the care of their parents, or where the father has not been named on the birth certificate, an order granting additional guardianship can be applied for. In the case where the father has not been named as the child’s father, a declaration of paternity must first be applied for and proven through DNA testing.

As a guardian of a child, you must consult with all guardians of that child in relation to any important decision for the child, unless a situation arises where an urgent decision is required.

Where a guardian of a child is not consulted in respect of important decisions such as schooling or medical treatment, the other guardian may seek relief through the Family Court, or for a determination from the Court as to what is best for the child, relative to the issue(s) in dispute.

If you are in dispute with another guardian of your child, or require additional guardianship for a child who is in your care, it is important that you seek legal advice about how to best manage the issues and navigate the Court system to achieve the best outcome for yourself, and your child.