Not usually.  Most biological and adoptive parents are automatically a child’s guardian.  A court order may also set out who is their guardian. However, there are two situations in which children can apply to the court to have a particular adult made their guardian:

  • if the child has no guardian at all, or
  • if the child’s guardian cannot or does not want “to exercise the powers, responsibilities and entitlements of guardianship in respect of the child.”

In short, if no one is actually functioning as a child’s guardian, then the child can apply to make someone their guardian.

Also, once the child reaches twelve years of age, their consent is required to have a particular adult named their guardian by court order, except in special circumstance where a judge might waive that requirement. 

 

Back to Legal Information > Family Law