Guardianship

Under Section 7 of the Guardianship of Infants Act, a parent may appoint any person to be a guardian of a child after their death in a deed or will.

Under Section 6(1) of the Guardianship of Infants Act, the surviving parent will become the guardian of the child, together with any other guardians that had been appointed by the deceased parent.

Under Section 6(3) of the Guardianship of Infants Act, the court may appoint a person to become a guardian of a child when an application is made if the child has no parent, no guardian and no other person having parental rights with respect to them.

Under Section 10 of the Guardianship of Infants Act, the court may also remove an existing guardian and appoint a replacement guardian.

The court may appoint a person to be the guardian of a child for their protection under its wardship jurisdiction under Section 17(1) of the Supreme Court of Judicature Act and Section 22(1)(a) of the Family Justice Act.

Legislation associated with this topic includes:

• The Guardianship of Infants Act.
• Part 8 of the Family Justice Rules.
• Part 18 Division 3 and 4 of the Family Justice Rules.
• Part 18 Division 6 of the Family Justice Rules.
• Part 18 Division 14 of the Family Justice Rules.
• Part 18 Division 24 of the Family Justice Rules.
• Part 18 Division 38 of the Family Justice Rules.

A guardian is given the legal responsibility to care for a child while an adoptive parent is given parental responsibility for a child.

The adoptive parent is formally recognised as the legal parent of the child, while the appointed guardian is not.

Refer to Adoption to find out more about the adoption process.