Guardianship Affidavit Form for New Zealand

Guardianship Affidavit Form Template for New Zealand

A formal sworn statement used in New Zealand's legal system to provide evidence and information in support of guardianship arrangements for a child or children. This document falls under the jurisdiction of New Zealand's Family Court system and must comply with both the Care of Children Act 2004 and the Oaths and Declarations Act 1957. The affidavit contains detailed information about the proposed guardian, the child, existing guardianship arrangements, and reasons for seeking guardianship, all presented as sworn testimony that can be used in legal proceedings.

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What is a Guardianship Affidavit Form?

The Guardianship Affidavit Form is a crucial legal document within New Zealand's family law framework, used when seeking to establish, modify, or confirm guardianship arrangements for children. This document is required when applying to the Family Court for guardianship orders under the Care of Children Act 2004. It must be sworn or affirmed before an authorized person such as a Justice of the Peace or solicitor. The affidavit includes comprehensive information about the proposed guardian's relationship with the child, current living arrangements, reasons for seeking guardianship, and evidence of the guardian's ability to promote the child's welfare and best interests. It may be used in various scenarios, including applications for additional guardians, removal of guardians, or confirmation of existing guardianship arrangements. The document must adhere to strict legal requirements under New Zealand law and may need to be supported by additional evidence or documentation.

What sections should be included in a Guardianship Affidavit Form?

1. Title and Court Details: Identifies the specific court, proceeding number if applicable, and the type of affidavit

2. Deponent Details: Full legal name, occupation, and residential address of the person making the affidavit

3. Child Details: Full name, date of birth, and current living arrangements of the child(ren)

4. Relationship Statement: Details of the deponent's relationship to the child and current guardianship status

5. Current Guardian Details: Information about existing guardians, including natural parents or court-appointed guardians

6. Grounds for Guardianship: Detailed explanation of why guardianship is being sought and how it serves the child's best interests

7. Care Arrangements: Proposed or existing care arrangements for the child

8. Declaration of Truth: Formal statement affirming the truth of the contents

9. Signature Block: Space for deponent's signature, date, and justice of the peace or solicitor's verification

What sections are optional to include in a Guardianship Affidavit Form?

1. Urgent Circumstances: Section detailing any immediate concerns or circumstances requiring urgent consideration

2. Cultural Considerations: Information about relevant cultural factors, particularly important for Māori or Pacific Islander children

3. Medical Information: Details of any relevant medical conditions or special needs of the child

4. Educational Arrangements: Information about current or proposed educational arrangements

5. Contact Arrangements: Proposed arrangements for contact with other family members or existing guardians

6. Financial Support: Details of financial arrangements for the child's care

7. Previous Court Orders: Information about any existing court orders affecting the child

What schedules should be included in a Guardianship Affidavit Form?

1. Birth Certificate: Certified copy of the child's birth certificate

2. Existing Court Orders: Copies of any relevant existing court orders relating to the child

3. Supporting Letters: Letters from professionals or character references supporting the guardianship application

4. Medical Reports: Any relevant medical reports or assessments

5. School Reports: Educational records or school reports if relevant

6. Cultural Reports: Any cultural reports or statements from cultural advisors if applicable

7. Consent Forms: Written consent from other guardians or 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

Affidavit

Cost

Free to use
Relevant Industries

Legal Services

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Family Services

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Relevant Teams

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Relevant Roles

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Family Court Judge

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Cultural Advisor

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