Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Guardian definition

What does Guardian mean? A guardian is the person legally authorised to make decisions about a child’s care, residence, education and medical treatment when a parent cannot. In child law this is a statutory concept (Children Act 1989; Children (Northern Ireland) Order 1995; Children (Scotland) Act 1995; Guardianship of Infants Act 1964 (Ireland)) and a descriptive term used across private children proceedings. A parent or other person with parental responsibility or parental responsibilities and rights (PR/PRRs) may appoint a testamentary guardian by will or written instrument. In England and Wales and Northern Ireland, that appointment takes effect on the appointor’s death only...

Guardianship under Section 5 Children Act 1989: Appointment by Court, Parents or Guardians; Effects, When Appointments Take Effect, Termination and Revocation (England and Wales)

Published by a LexisNexis Family expert

Practice notes

This Practice Note outlines the meaning of child guardianship under section 5 of the Children Act 1989 and describes the consequences of a guardian’s appointment. It also identifies the principles a court applies when deciding whether to appoint a guardian, and considers appointments made by a parent or guardian, including how an appointment can be made and when it comes into force. In this context, a guardian is the person formally designated to step into the role of a deceased parent and may only be appointed in line with the Children Act 1989. The role is distinct from that of a special guardian under section 14A, and from a children’s guardian under section 41.

the court;
a parent who holds parental responsibility;
an existing guardian;
a special guardian.

More than one individual can be appointed to act as a child’s guardian.

Effect of being appointed as a guardian

Once the appointment takes effect, the guardian obtains parental responsibility for the child...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...