Guardians of your minor (under 18) children

Guardianship is the right to make important decisions about the upbringing child such as education. The person with custody of the child who looks after his or her day to day care.

Legally both parents of a child are his or her guardians. In New Zealand section 26 of the Care of Children Act 2004 permits the father or the mother of a child (including an unborn child) to appoint any person by their will or by deed to be a guardian of the child after their death.

Under section 16 of that Act:

"(1) The duties, powers, rights, and responsibilities of a guardian of a child include (without limitation) the guardian's

(a) having the role of providing day-to-day care for the child (however, under section 26(5), no testamentary guardian of a child has that role just because of an appointment under section 26); and

(b) contributing to the child's intellectual, emotional, physical, social, cultural, and other personal development; and

(c) determining for or with the child, or helping the child to determine, questions about important matters affecting the child.

(2) Important matters affecting the child include (without limitation)

(a) the child's name (and any changes to it); and

(b) changes to the child's place of residence (including, without limitation, changes of that kind arising from travel by the child) that may affect the child's relationship with his or her parents and guardians; and

(c) medical treatment for the child (if that medical treatment is not routine in nature); and

(d) where, and how, the child is to be educated; and

(e) the child's culture, language, and religious denomination and practice.