How is KiwiSaver treated when a relationship ends?
- 18.08.2026
My child’s father was not on the birth certificate, and we were not living together when the child was born. He has now become involved and is asking to make decisions about schooling and medical care. Does he have any legal status?
Being a guardian depends on the circumstances. Under the Care of Children Act 2004, the mother is a guardian, and the father is a guardian if he was married to the mother, or in a civil union or de facto relationship with her at some point between conception and birth, or if he is named on the birth certificate. A father who does not fit these categories is not automatically a guardian, but he can apply to the Family Court to be appointed as a guardian, and the court will consider the child's welfare and best interests, and the father's connection with the child. He can also apply for contact through a parenting order without being a guardian. Consider a formal agreement or mediation, so you both avoid unnecessary conflict.
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