Guardianship Order NZ: How Grandparents Can Apply

Why a Parenting Order Isn't Always Enough

A parenting order gives you day-to-day care of the child — where they live and the daily routine. But it doesn't give you guardianship. Under Section 16 of the Care of Children Act 2004, guardianship covers the major life decisions: medical treatment, schooling, religious upbringing, name changes, and relocation. Without guardianship, you can't consent to surgery, enrol the child in a new school, or apply for their passport without getting the parents to agree.

If you're a grandparent raising a grandchild full-time, you almost certainly need both a parenting order and a guardianship order.

The Two Routes for Grandparents

Court-appointed guardian (Section 27 COCA) — you apply directly to the Family Court to be appointed as a guardian alongside the existing parents. The parents retain their guardianship; you become a joint guardian with the same legal authority to make major decisions. This is the standard route for grandparents.

Additional guardian appointed by a parent (Section 23 COCA) — a parent can appoint their spouse or de facto partner as an additional guardian by statutory declaration. This route is not available to grandparents — it's strictly for a parent's partner.

There's a third, rarer pathway: court guardianship and agent (Section 31 COCA), where the court itself becomes the guardian and appoints you as its agent. This effectively supersedes parental guardianship and is used in more extreme circumstances.

What Guardianship Gives You

Once appointed as guardian, you can legally:

• Consent to medical treatment, surgery and immunisations
• Make decisions about schooling and early childhood education
• Apply for the child's passport
• Authorise overseas travel (with consent of all other guardians)
• Make decisions about religious or cultural upbringing
• Change the child's name (with court approval if other guardians object)

Guardianship doesn't remove the parents as guardians unless the court makes a separate order under Section 29 to do so — a high threshold: the court can remove a parent if they are seriously unfit to be a guardian, or if their unwillingness to be a guardian harms the child's welfare and best interests.

The Application Process

A Section 27 guardianship application follows the same general process as a parenting order application, and you can file both at the same time in the same application pack.

Pre-filing requirements — you'll need a Parenting Through Separation (PTS) certificate and a Family Dispute Resolution (FDR) outcome certificate, unless you qualify for an exemption (urgency, family violence, consent, or active Oranga Tamariki proceedings).

The application pack includes the application form (specifying guardianship under Section 27), a supporting affidavit, an information sheet, and your PTS and FDR certificates.

Filing fee — there is no separate filing fee for a guardianship application under Section 27 or Section 31. If you're filing it alongside a parenting order, you pay the $257 NZD parenting order filing fee only.

Service — all respondent parents and existing guardians must be served. The respondent has 21 days to file a Notice of Response.

Guardianship Expires Automatically

A court-appointed guardianship automatically ends when the child turns 18, marries or enters a civil union, or lives with another person as a de facto partner. You don't need to go back to court to discharge it — it simply lapses.

If circumstances change before then and the guardianship is no longer needed, either party can apply to the court to have it varied or removed.

Combining Parenting and Guardianship Orders

Most grandparents need both. The parenting order establishes where the child lives. The guardianship order gives you the authority to make decisions about their life. Filing them together is more efficient and gives the court a complete picture of what you're seeking.

The court considers both applications against the same standard: the welfare and best interests of the child under Section 4 of COCA.

For a detailed walkthrough of both application processes — including the affidavit, fee waiver options, and what happens at the hearing — see our NZ Parenting & Guardianship Orders guide.

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