What Is Included In A Guardianship Agreement? - Zukerman Law

What Is Included In A Guardianship Agreement?

A guardianship agreement defines how your child will live with you and your ex-partner. The agreement shows who has what responsibilities, so you know who is meant to care for your child at any particular time or in any particular situation.

In a guardianship arrangement, both parents stay guardians of the children unless it is removed by a court order or if both parents can agree that one parent should no longer be a guardian of the children. If both parents are guardians, both must care for the children equally and provide for them in a fair manner.

Many people can become guardians to children. Parents who are not guardians may apply to be one. Grandparents could be appointed as guardians for children without parents or those whose parents can’t take care of them. Stepparents may ask to be guardians, since they won’t automatically become a child’s guardian. Siblings can become guardians in some instances where a younger child needs a guardian and the sibling is capable of providing for them. Other family members and even people who aren’t family members can apply to be guardians for children in need.

Courts must look over these applications to determine if guardianship should be granted. If it is, then the guardian has full parental responsibilities and will have parenting time awarded to them as well. As a guardian, you would be responsible for the child and expected to supervise and care for the child fully in all aspects of life, from deciding the child’s education to making decisions about the child’s religious upbringing.


Stuart Zukerman

Stuart Zukerman, a graduate of the University of British Columbia, has over 32 years of experience in litigation with a focus on Family Law, Personal Injury, Wrongful Dismissal claims, and Collaborative Divorce & Mediation. He has extensive trial experience in divorce, child custody, spousal support, asset division, and ICBC injury claims. As an accredited Family Law Mediator, he helps resolve disputes without court intervention. Stuart has also authored papers on family law and lectured at CLE courses.