What are my rights as a parent or grandparent to have a say in a child’s life?

Your rights as a parent or grandparent will depend on whether you are a guardian.

A guardian is a person who is recognised by law as being responsible for making important decisions in relation to a child’s life as well as for that child’s welfare, development and upbringing.

The decisions which a guardian can expect to be involved in include:

• Where a child lives, and who a child lives with;
• What school a child attends and how they will be educated;
• Overseas travel and passport applications;
• What medical treatment a child receives such as major medical, psychological, psychiatric or dental treatment, including blood transfusions and vaccinations;
• What culture, language and religion a child will practice;
• Whether to consent to the marriage of a child between the ages of 16 and 18;
• The child’s name and any changes to it.

Typically, a child’s parents are their joint guardians (but sometimes the child’s mother will be the sole guardian of the child).   The Family Court can appoint new guardians or remove any existing guardians if they feel it is in the welfare and best interests of the child to do so.  A child is not limited to having only two guardians, and where parents have separated a new partner of a parent can become a guardian.

Grandparents are not automatically guardians. While they often play an important role in a child’s upbringing, their views on things such as where a child lives, which school a child attends, and which religion a child is raised in may not carry any weight unless the grandparents have been appointed as guardians by the Family Court.

The obligations of guardians remain until the child turns 18, or is married, enters into a civil union or begins a de facto relationship. As children grow older and more mature, the Care of Children Act recognises that they will become more involved in the decision-making process, while guardians take on a more advisory and supportive role.

Please note that Rainey Collins is not contracted to provide Legal Aid, other than in the Treaty of Waitangi area.  We therefore are unable to take on any Civil or Family Legal Aid work. If you require Legal Aid in those areas, you can search the list of Legal Aid lawyers on the Ministry of Justice website.