Putting this another way, under section 39(1), parents who lived together for some time after their child was born, since birth is when you become a parent, are presumed to be the guardians of their child both during their relationship and after they separate. You don't need an agreement, an order or an award saying you're a guardian, you just ''are'' a guardian. It's automatic, as long as you meet the test in section 39(1) of the ''Family Law Act.''