Guardianship for Children

You can name a guardian for your children in your will. This is a wish, not an automatic appointment — the court ultimately decides — but courts almost always follow the parents' stated preference unless there's a strong reason not to.

Both parents should name the same person. If they name different people, or if only one parent has a will, it can lead to a court dispute.

If both parents die without naming a guardian, the Family Court decides. Extended family can apply, but so can anyone with a genuine interest. The process can take months, and the children may be placed in temporary care while it's resolved.

Ask your chosen guardian before you name them. It is a big thing to ask. Talk about your parenting values, your kids' needs, financial arrangements, and what support they'd have. Write a letter alongside your will explaining your wishes in detail — it's not legally binding but it helps.

• Name the guardian in your will (both parents)
• Consider a backup guardian in case your first choice can't take the role
• Update life insurance to cover the cost of raising your children
• Consider setting up a testamentary trust so funds are managed for the children
• Review the appointment every few years — circumstances change

If you're going into hospital or travelling without your children, you can arrange temporary guardianship through a simple written authorisation. This doesn't require a lawyer — but for anything longer than a few weeks, legal advice is wise.