Is a parent the legal guardian of their child ?

[Mark66]

Does any one know (with a reference if possible) if, as a parent, I am considered the legal guardian of my child in the UK.

My understanding is a guardian of a child is a person appointed in the absence of a parent.
I have googled around (concentrating on UK references) and can not find a definitive answer, but most references seem talk about a guardian can be appointed in place of a parent. Additionally, usually on a form, you sign as "parent or Guardian" of a child. So my indirect conclusion is a parent is not a guardian.

(It has only come up as I can't proceed on a website without saying I am the legal guardian of my child, something I don't consider I am. My understanding is I am a parent, not a guardian.)

Many thanks,
Mark

[seagles]

My understanding is that the term "legal guardian" is a court appointed title. Parents are considered "normal guardians". There are a few sites that back this up, I used "google" search. I was interested as I noticed the word "guardian" was written in my divorce agreement back in 1988, when my wife agreed for me to bring up my daughter with "joint custody", I believe it allowed me to take my daughter abroad without the need for my wife to provide a letter of agreement, I might have misunderstood this but it was a long time ago and on-one ever asked for confirmation when I took my daughter abroad (other than a minefield with the courts when we went to live in France for 6 months).

[tacpot12]

I would agree that you are not the legal guardian of your child. You are a parent, and may or may not have parental responsibility. A legal guardian needs to be appointed.

If you have parental responsibility, you could call the organisation that owns the website to see if they have a reason for requiring that you are the legal guardian. They might be able to confirm that you can tick the box as a parent.

[Mark66]

If you have parental responsibility, you could call the organisation that owns the website to see if they have a reason for requiring that you are the legal guardian. They might be able to confirm that you can tick the box as a parent.

I have already been in contact with them, I know they do mean to include parent in their question, but they told me:

As a parent of the child you are the legal guardian so please say yes at this point and then you will be able to proceed

Perhaps it is me nit picking and being stubborn, but as I see it if there is cause for them to ask such a question, in my eyes it is my duty to answer accurately.
You have all firmed up my understanding; a parent may be considered a 'guardian' in the general sense of the word, but is not a 'legal guardian'.
I will try again to get them to modify the question on their website to add "parent or"...

[UncleEbenezer]

I wonder if the terminology is something their lawyer wanted?

"Parent" leads you into a morass of different situations, such as divorce, that might affect legalities.

[stevensfo]

Am I going cuckoo here? For me, it's always been quite obvious that if you are the parent that lives with your child, then you are also the legal guardian. A bit like if you own your house. Are you the legal owner? What about the car? Did you need a court order to become the legal owner of your car?

We've brought up two kids, and yes, we were always the parents/legal guardians of our kids. This phrase has been around so long, I'm surprised there is any doubt.


Steve

PS If in any doubt, to whom does the school/school bus/ library/ council etc write when your kid causes 100 quid worth of damage?

[Mark66]

Am I going cuckoo here? For me, it's always been quite obvious that if you are the parent that lives with your child, then you are also the legal guardian.

OK I see your point, with your context I concede I am a "legal" "guardian" of my children. (Words used separately in general sense.)

But I am not the "Legal Guardian" according to this definition I have since found.

Could it be down to the use of capitals?
I see from here, in a legal document which predefined terms, the use of capitals distinguishes the meaning between the general term and the defined one.
Does this apply to the use of capitals of well known legal terms generally?
So am I the "legal guardian" of my children but not the "Legal Guardian"?

Anyway, it is interesting how the same term implies different things to different people. The implication to me was clearly the legal meaning, but stevensfo took it to be the general term.
So I now conclude it is an ambiguous term, so I think after all I will just accept the use of the term "legal guardian" I encountered (after all they did use lower case).

[stevensfo]

OK I see your point, with your context I concede I am a "legal" "guardian" of my children. (Words used separately in general sense.)

You are the 'legal guardian'.

The speech marks " are used to describe actual conversation. Do not confuse them, or a judge will have a field day and earn a lot of money for doing sweet FA.

Steve