In this week’s series on the A – Z of Family Law, Georgia takes a look at the letter G, covering the area of Guardians.
Case Guardians
A Case Guardian comes into place in a Family Law matter when you are involved in the Family Court of Australia and is governed by Family Law Rules.
Litigation Guardians
A Litigation Guardian comes into place in the Federal Circuit Court of Australia and is governed by the Federal Circuit Court of Australia rules.
When is a Guardian used?
A child or a person with a disability may start, continue, respond to or seek to intervene in a case by a guardian. Importantly a person with a disability can extend to their mental capacity as well as physical capacity to engage in the case and understand and make decisions knowing the consequences.
Who can be a Guardian?
An adult, with no vested interest in the matter, can act on behalf of that person’s best interest at all times.
What can the Guardian do?
The Guardian must act in the best interests of the person to whom they are acting on behalf of and they can do all the things that that person could have otherwise done for themself. They don’t have to take, instructions from that person, you make the final decision as that guardian.
Why is it helpful?
A guardian can be really helpful in progressing a matter, when they step into that person’s shoes it allows the matter to proceed.
Check out the other Letters in the A – Z of Family Law:
A: Applications, Applications for Divorce, Affidavits, Alternative Dispute Resolution, Appeals
B: Barristers, Best interest of the child
C: Child support, Collaborative Law
F: Financial Disclosure and Financial Agreement
I: Injunctions, Interim Hearings
J&K: Judicial Officers, Section 90K
L: Lawyers, Legal Aid, Limitation Period
If you have any questions about the words we have covered in this article or would like us to explain another term please do not hesitate to contact us at Southern Waters Legal.
