Guardianship&Relocation
Guardianship applications, additional guardian appointments, and relocation applications for parents moving within or outside New Zealand.
How we can help
Guardianship is the legal responsibility to be involved in major decisions affecting a child's upbringing, including education, religion, medical treatment, and where the child lives. Under the Care of Children Act 2004, parents who are together at the time of a child's birth are generally guardians automatically, but guardianship questions frequently arise when parents separate, when step-parents wish to be appointed, or when a parent passes away. Indus Legal advises on all aspects of guardianship law for families across Auckland and New Zealand.
Relocation is one of the most contested issues in family law. When a parent who has day-to-day care of a child wishes to move - whether to another city within New Zealand or overseas - the other guardian's consent is required. If consent cannot be obtained, an application to the Family Court is necessary. The court weighs the reasons for the move, the impact on the child's relationship with the other parent, and the overall welfare of the child before making a decision.
Our family lawyers in Botany provide practical guidance on both guardianship and relocation matters. We help parents understand their rights and obligations, negotiate consent where possible, and represent clients in court when agreement cannot be reached. Whether you are seeking to appoint an additional guardian, remove a guardian, or relocate with your child, we provide steady, informed legal support throughout.
What we help with
- Applications to be appointed as an additional guardian (e.g. step-parents)
- Guardianship disputes - including applications to remove a guardian
- Relocation applications for moves within New Zealand or overseas
- Consent processes between guardians for major decisions about a child
- Testamentary guardianship appointments (appointing a guardian in your will)
- Court representation for contested guardianship and relocation proceedings
Frequently asked questions
Does a step-parent automatically become a guardian?
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No. Under the Care of Children Act 2004, step-parents do not automatically have guardianship rights. However, a step-parent can apply to the Family Court to be appointed as an additional guardian if they share the day-to-day care of the child. Alternatively, the existing guardians can agree to the appointment. Indus Legal assists with both consent-based and court-based appointments.
Can I move to another city or overseas with my child?
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If you are the child's guardian and wish to relocate, you must obtain the consent of every other guardian. If consent is refused, you need to apply to the Family Court for permission. The court will consider the child's welfare and best interests, including the reasons for the move and how the child's relationship with the other parent will be maintained. Moving without consent or a court order can have serious legal consequences.
What is testamentary guardianship?
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Testamentary guardianship allows a parent to appoint a guardian for their child in their will, effective upon their death. This is an important consideration for sole guardians or parents with primary care of a child. The appointment does not take effect automatically - the appointed person must consent and may need to apply to the Family Court. Our lawyers can include testamentary guardianship provisions when preparing your will.
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