Guardian Declaration Form for New Zealand

Guardian Declaration Form Template for New Zealand

A Guardian Declaration Form is a formal legal document used in New Zealand under the Care of Children Act 2004 that allows an individual to formally declare their intention and suitability to act as a guardian for a child. The document contains crucial declarations about the proposed guardian's background, relationship with the child, understanding of guardianship responsibilities, and confirmation of eligibility under New Zealand law. It includes personal details of both the guardian and child, criminal record declarations, acknowledgment of duties, and various safety declarations, often requiring witness verification by a qualified legal professional.

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What is a Guardian Declaration Form?

The Guardian Declaration Form is a critical legal document used in New Zealand when an individual seeks to become a guardian of a child. This document is typically required in situations involving guardianship applications, family court proceedings, or formal recognition of guardianship responsibilities. The form, governed by the Care of Children Act 2004, serves as a sworn statement detailing the proposed guardian's suitability, relationship with the child, and understanding of their legal obligations. It includes essential information about both the guardian and child, criminal history declarations, acknowledgment of responsibilities, and safety assurances. The document may be required by the Family Court, Oranga Tamariki, or other relevant authorities when considering guardianship arrangements.

What sections should be included in a Guardian Declaration Form?

1. Declaration Details: Date, location, and details of the person making the declaration

2. Declarant Information: Full legal name, address, occupation, and contact details of the proposed guardian

3. Child Information: Full name, date of birth, and current living arrangements of the child

4. Relationship Statement: Description of the relationship to the child and reason for seeking guardianship

5. Guardian Eligibility: Statements confirming age, legal capacity, and eligibility to be a guardian under NZ law

6. Criminal Record Declaration: Declaration regarding any criminal history or pending charges

7. Understanding of Responsibilities: Detailed acknowledgment of guardianship duties and responsibilities under the Care of Children Act 2004

8. Safety Declaration: Statements regarding child safety, absence of protection orders, and family violence history

9. Verification and Signature: Formal declaration of truth and signature section with witness details

What sections are optional to include in a Guardian Declaration Form?

1. Cultural Considerations: Additional declarations regarding understanding and commitment to child's cultural heritage and practices, particularly relevant for Māori children

2. Special Needs Declaration: Additional statements regarding understanding and capability to meet any special needs or medical requirements of the child

3. Other Guardian Consents: Statements regarding consultation with and consent of other existing guardians, if applicable

4. Emergency Contact Arrangements: Details of emergency contacts and temporary care arrangements if guardian is temporarily unavailable

5. Financial Capability: Declaration of financial capacity to provide for the child's needs, if relevant to the guardianship application

What schedules should be included in a Guardian Declaration Form?

1. Schedule 1 - Identity Documentation: Certified copies of identification documents of the proposed guardian

2. Schedule 2 - Police Vetting Results: Results of police vetting check (if already obtained)

3. Schedule 3 - Character References: Letters from referees supporting the guardian's application

4. Schedule 4 - Relevant Qualifications: Copies of any relevant qualifications or training certificates related to child care or specific needs

5. Appendix A - Supporting Evidence: Any additional documentation supporting the guardian's suitability

6. Appendix B - Consent Forms: Signed consent forms from other relevant parties (if applicable)

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

New Zealand

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use
Relevant Industries

Legal Services

Social Services

Child Protection

Family Services

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Legal Executive

Social Worker

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Family Services Coordinator

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Community Support Worker

Healthcare Administrator

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