The process of becoming a guardian
An explanation of the process, the criteria, and the assessment for becoming a guardian to a child or young person
Anyone wanting to become a guardian will go through a detailed review and assessment process. This includes seeking the views of the child or young person, their family and their carer. Children or young people aged 12 years or older must give their written consent to a guardianship order being made, where they are capable of doing so.
The Children’s Court makes the final decision about a guardianship order being made.
If you would like to find out more about becoming a guardian, you can:
- speak to your caseworker or contact your local Community Services Centre
- call the Guardian Information Line on 1300 956 416 or email GuardianshipInformation-NSWFACS@facs.nsw.gov.au
- find more information about guardianship on Legal Aid NSW
On 29 October 2014, the Children’s Court granted guardianship orders to relative and kinship carers who had already been granted full parental responsibility orders. This meant that relative and kinship carers who had full parental responsibility for a child or young person in their care became guardians.
If there were any additional conditions in the parental responsibility order, such as contact arrangements, these conditions continue as outlined in the final order.
Consent required for applications
The consent of the Secretary of Department of Communities and Jusitce is required for a guardianship application to proceed.
The processes and procedures for guardianship applications made by out-of home care agencies or existing relative kinship or authorised carers are available from each agency.