Guardianship: Explained

If you have children and/or pets, you will be asked to nominate a Legal Guardian for them in a worst case scenario (i.e. if they are left orphaned).

A Legal Guardian is responsible for two main things:

  • Caring for your children in the event that they become orphaned

  • Your children’s lifestyle, e.g. making decisions on education, religion, family visitation, living arrangements & healthcare

You can nominate an individual, or multiple people with equal/shared responsibilities to be your little one's Guardian.

In your Will, you'll be asked to nominate:

  1. Primary Guardian/s;

  2. Alternate Guardian/s.

Your Alternate Guardian/s steps in if your Primary Guardian/s dies before you or becomes unable to fulfil their responsibilities for any reason.

What if I’m co-parenting?

If you have parenting orders which stipulate what would happen if one parent dies before the other, then they will generally be followed.

If you don't have orders stating this, then your requests regarding guardianship in your Will will be considered, and will depend on whether anyone else is competing for guardianship. Ultimately, the Court will consider your wishes as the parent, along with any other competing claims, and make a determination based on your child’s best interests.