Guardianship & Child Custody



If you and your spouse are living together when your child is born, then you are both are presumed to be guardians under the Family Law Act, even if you are not married.

If you and your spouse separate, you will both continue to be the child's guardians. It does not matter who the children continue to live with.

If you have never lived with your child you could still be considered a guardian if: you have regularly cared for your child, there is an agreement or court order that says you are a guardian, or your spouse dies and names you the child’s guardian under their will.

Courts usually only terminate guardianship in very extreme circumstances as the only way to protect the child.  The court will always first consider other ways to ensure the child’s safety, such as limiting that person’s parenting time, requiring their parenting time to be supervised or by limiting their parental responsibilities.

It is also possible for people other than biological parents to be the child’s guardian, either by a court order or under a will.

To find out more about applying to become a guardian contact the lawyers at Sarah Leamon Law Group.