Guardianship relates to the duties of a person as to the welfare, care and upbringing of a child. A guardian has a duty to maintain and care for the child and has a right to make decisions in major areas of the child’s life. For example, a guardian can decide where a child can attend school, the religion which the child shall be brought up in and give their consent to medical treatments or other issues which might effect the child in question.

Guardianship rights are dependent on the marital status of the parents. Where the parents are married, both parents are automatically guardians of their child. If the parents are unmarried, only the mother will have automatic guardianship rights. It will be necessary for the father to;

The courts take the role of a guardian very seriously. Judge John Lindsay recently dismissed the case of a father who he found “had not displayed any understanding of the role of a guardian”. However, the courts will review and treat such applications for guardianship, access and welfare fairly and objectively. For instance, a homeless man who had just acquired a house was granted an increase in the hours to which he was permitted access from 2 to 7 hours per week as the Judge deemed it to be “good for the child”.

The paramount consideration in family law cases where there are children involved will always be the welfare and best interests of the children. Family law cases can often become highly emotional and highly charged, especially where there are children involved. We are very experienced at dealing with such matters and attempting to find some common ground on which both parties might be able to agree. If you would like some advice on your family law situation, please do not hesitate to contact us and we would be happy to assist.