Become a guardian
A guardian has full care and legal responsibility for a child or young person in their care, including making decisions about their health and education, as well as managing, and where required, a child’s contact with their parents, family and important people in their life.
What to expect as a guardian
What are guardianship orders?
Guardianship orders aim to provide greater stability for children and young people when the Children’s Court makes a decision they cannot live with their parents.
Guardianship orders are a way of helping ensure a child or young person has a more stable, nurturing and safe home until they are at least 18 years of age, without cutting legal ties to their family.
Under a guardianship order, a child or young person is not in foster care or out-of-home care but in the independent care of their guardian.
Guardianship orders can only be made on a final and long-term basis, that is until the child or young person reaches 18 years of age. The only other orders that can be made in conjunction with a guardianship order are an order for contact, and an order prohibiting action. However, a contact order cannot be made if DCJ or an agency is required to coordinate or provide supervision of contact with birth parents or other relatives. An example of a prohibition order would be an order prohibiting a parent from going to a child’s school.
What does a guardianship order mean for a child or young person?
If a guardianship order is made, the child or young person will be cared for by their guardian until they turn at least 18 years of age, or the Children’s Court changes the order.
The child or young person will still have contact with their parents, family and important people in their life, as outlined in their care or case plan or court orders. It is important that every child and young person has opportunities to learn about their family heritage, even if they do not have contact with their family. This enables them to have a strong and healthy sense of self and identity.
If the child or young person is Aboriginal or Torres Strait Islander, or from a different cultural background to their guardian, they have the right to maintain connections with their culture and community and have a cultural support plan in place. The guardian must ensure the child or young person’s cultural needs are met and encourage and facilitate their participation in cultural activities and events.