How Does Guardianship Differ from Custody in New Zealand?
When it comes to family law in New Zealand, understanding the difference between guardianship and custody is crucial. Many parents may be unsure about their rights and responsibilities under each arrangement. In this article, we will explore the key distinctions between guardianship and custody under New Zealand law, with a focus on the Care of Children Act 2004.
What is Guardianship?
Guardianship refers to the legal rights and responsibilities of a person who is appointed to make important decisions about a child’s upbringing. These decisions may include matters related to the child’s education, health, religion, and general welfare. In New Zealand, guardianship is automatically granted to the child’s birth mother and usually to the father if he is named on the birth certificate or was married to the mother at the time of the child’s birth.
The Care of Children Act 2004 defines guardianship as follows:
“Guardian and guardianship have the meanings given to them by section 15.”
Section 15 of the Act further elaborates on the meaning of guardianship, stating that a guardian has the same rights and responsibilities as a parent in relation to the upbringing of a child.
What is Custody?
Custody, on the other hand, refers to the day-to-day care and control of a child. It determines where the child will live and who will be responsible for their daily needs. In New Zealand, the term “custody” has been largely replaced by the concept of “day-to-day care” under the Care of Children Act 2004.
Day-to-day care is defined in the Act as follows:
“Day-to-day care includes care that is provided only for 1 or more specified days or parts of days.”
Parents or guardians can apply for day-to-day care orders through the Family Court, which will make a decision based on the best interests of the child.
Key Differences Between Guardianship and Custody
The main difference between guardianship and custody (or day-to-day care) is the scope of decision-making power and responsibility. Guardianship focuses on the bigger picture, involving decisions that affect the child’s overall upbringing and welfare. Custody, or day-to-day care, deals with the practical, daily aspects of caring for the child.
Another key distinction is that guardianship can be shared between multiple people, such as both parents or appointed guardians, while day-to-day care is usually granted to one parent or caregiver at a time. In some cases, the Family Court may order shared day-to-day care arrangements if it is in the best interests of the child.
Seeking Legal Advice on Guardianship and Custody
Navigating the complexities of guardianship and custody arrangements can be challenging for parents and families. It is essential to seek the guidance of an experienced family lawyer who can provide personalized advice based on your unique circumstances. [Naomi Cramer discusses guardianship and custody in New Zealand]
Naomi Cramer is a top New Zealand family lawyer who specializes in helping clients understand their rights and obligations under the Care of Children Act 2004 and other relevant legislation. With her extensive knowledge and compassionate approach, Naomi can assist you in resolving guardianship and custody matters in the best interests of your children.
Conclusion
In conclusion, while guardianship and custody (day-to-day care) are both essential aspects of New Zealand family law, they differ in their scope and focus. Guardianship involves the legal rights and responsibilities related to a child’s overall upbringing, while custody deals with the daily care and control of the child. If you are facing guardianship or custody issues, it is crucial to consult with a skilled family lawyer like Naomi Cramer, who can guide you through the process and help protect your child’s best interests.
No solicitor-client relationship is created by this article. The author and owner shall not be liable for your reliance on the information contained in this article. Readers should obtain their own independent legal advice.
