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Oranga Tamariki Act 1989

Care and protection of children and young persons - Guardianship orders

118: Reversion of guardianship on expiry or discharge of guardianship order

You could also call this:

"What happens to a child's guardianship when a guardianship order ends or is cancelled"

Illustration for Oranga Tamariki Act 1989

When a guardianship order made under section 110 ends or is cancelled, you might wonder what happens to the guardianship of the child. The guardianship goes back to the person who would have been the guardian if the order was never made. However, if someone else has become the guardian through an order made under the Adoption Act 1955, then the guardianship goes to that person instead. This means the child's guardianship will revert to someone, depending on their situation. You can find more information about this in the relevant laws.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM150464.

Topics:
Family and relationships > Adoption and guardianshipFamily and relationships > Children and parenting
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117: When guardianship orders to cease to have effect, or

"When a guardianship order stops working for you, like when you turn 20 or get married."

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119: Guardianship of child or young person on death of person appointed as guardian under this Act, or

"What happens to a child's guardianship when their guardian dies"

Part 2Care and protection of children and young persons
Guardianship orders

118Reversion of guardianship on expiry or discharge of guardianship order

  1. Where an order made under section 110 expires or is discharged, guardianship of the child or young person in respect of whom the order is made shall revert to the person who would have been the guardian of the child or young person if the order had never been made unless some other person has in the meantime become entitled to guardianship by virtue of an order made under the Adoption Act 1955 in which case guardianship shall revert to the person so entitled.

Compare
  • 1974 No 72 s 49(9)
  • 1983 No 129 s 13