Removing a Guardian

A guardian that is appointed by Statutory Declaration or by Court Order can be removed as guardian upon application to the District Court. It should be noted that married fathers remain a child’s legal guardian and cannot be removed from office by the Court. A guardian will be removed in certain circumstances and the Court will consider the best interests of the child while dealing with such an application.

In our experience, this application will only succeed if there is damning evidence that the person appointed as guardian is not acting in the child’s best interests such as refusing to consent to important medical treatment, mis-treatment of the child including physical and sexual abuse and other circumstances. Every family law case is decided on a case by case basis and will depend on the individual circumstances of the case and the Court’s opinion on same.

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