The Sole Guardian Affidavit is a critical legal document used in New Zealand when a person seeks to become the sole guardian of a child through the Family Court system. This document is typically required in situations where one parent/guardian is deceased, absent, or where there are significant concerns about the other parent's involvement in the child's life. The affidavit must be prepared in accordance with New Zealand's legal requirements, particularly the Care of Children Act 2004 and the Family Court Rules 2002. It contains sworn statements detailing the applicant's relationship with the child, current circumstances, reasons for seeking sole guardianship, and how this arrangement would serve the child's best interests. The document often includes sensitive information about family dynamics, safety concerns, and the child's welfare, and must be supported by relevant evidence provided as exhibits.
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1. Deponent Details: Full legal name, occupation, and residential address of the person making the affidavit
2. Child Information: Full details of the child(ren) including full name, date of birth, and current living arrangements
3. Relationship Statement: Description of the deponent's relationship to the child and current guardianship status
4. Other Parent/Guardian Information: Details about the other parent or guardian, including their current status and involvement
5. Current Circumstances: Detailed description of the current care arrangements and reasons for seeking sole guardianship
6. Child's Best Interests: Explanation of how sole guardianship would serve the best interests of the child
7. Proposed Arrangements: Description of how the child's care, welfare, and development will be managed under sole guardianship
8. Declaration of Truth: Formal statement declaring that the contents of the affidavit are true and correct
1. Safety Concerns: Details of any safety issues or domestic violence concerns that support the need for sole guardianship
2. Medical Considerations: Information about any medical conditions or special needs of the child that affect guardianship considerations
3. Cultural Considerations: Information about cultural factors, particularly regarding Māori tikanga or other cultural practices relevant to the child's upbringing
4. Previous Court Orders: Details of any existing court orders relating to the child's care or guardianship
5. Contact Arrangements: Proposed arrangements for contact between the child and the non-guardian parent, if applicable
6. Support Network: Information about family/whānau support systems and other support services available
1. Birth Certificate: Certified copy of the child's birth certificate
2. Existing Court Orders: Copies of any existing parenting or guardianship orders
3. Medical Reports: Any relevant medical reports or assessments supporting the application
4. Police Reports: Any police reports or protection orders if safety is a concern
5. Supporting Letters: Letters from professionals (teachers, doctors, counselors) supporting the application
6. Evidence of Communication: Records of communication attempts with the other parent/guardian
7. Photographs: Relevant photographs evidencing the relationship with the child or living conditions
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Court Administrator
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Youth Advocate
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