5,310
edits
Changes
→Changing guardianship
==Changing guardianship==
The ''[[Family Law Act]]'' has rules about who is presumed to be a guardian. When someone is ''presumed '' to be a guardian, that person ''is'' a guardian, without the need for an order. The only people who must have an order making them a guardian are the people who don't fit into those presumptions, including parents, relatives, and other people who have established a caring relationship with a child.
Under section 51(1) of the ''Family Law Act'', the court may make an order ''appointing'' someone as a guardian of a child or make an order ''terminating'' someone's guardianship of a child. This section doesn't say what the court should consider when deciding whether to terminate someone's guardianship. However, section 37(1) says that: