Family law definition
Prior to the Family Law Reform in June 1996, the term 'guardian' was used in custody orders. This term was defined in the Family Law Act 1975 subsection 63E(1).
The Family Law Act 1975 definition of guardianship, in relation to a child, refers to where a person has been granted guardianship whether alone or jointly with another person or persons under the law of the Commonwealth or of a state or territory, which:
- includes responsibility for the long term welfare of the child, but
- does not include the right to daily care of the child.
A guardian is someone who is entrusted by law with the care of a child.