Your Child's New School Requires You to Transfer Guardianship: What Should You Do Now?

Starting a new school is a big step for any child, and for you as a parent or guardian, it can come with a long list of requirements. 

Sometimes, one of those requirements is transferring guardianship. If you’ve just been told that your child’s new school needs you to transfer guardianship, you might be feeling confused, worried, or even a little overwhelmed. Don’t worry! You’re not alone, and I’m here to walk you through what this means, why it’s required, and what you should do next.

Let’s break it down together, step by step, and make sure you’re equipped with the right information, including the legal grounds in Indonesia, such as the Child Protection Law, the 2006 Administration of Population Law, and Indonesia’s Civil Code.

Why Would a School Ask for Guardianship Transfer?

First, let’s talk about why a school might ask for a guardianship transfer. 

Usually, this happens when a child is moving to a new country and will be living with someone other than their biological parents, maybe with grandparents, an aunt or uncle, or even a close family friend. Schools need to know who is legally responsible for the child’s welfare, education, and daily needs.

This isn’t just about paperwork. It’s about making sure your child is safe, supported, and that the school knows who to contact in case of emergencies or important decisions. It’s also about complying with Indonesian laws that protect children and regulate population administration.

What Does “Guardianship Transfer” Mean?

In simple terms, transferring guardianship means legally appointing someone else to act as your child’s guardian. This person will have the authority to make decisions about your child’s education, health, and general welfare while your child is living with them.

It’s important to know that guardianship is a legal status. It’s not just a verbal agreement or a letter from you. It’s a formal process recognized by Indonesian law.

The Legal Grounds: What the Law Says

Let’s look at the main laws that come into play:

1. Child Protection Law (Law No. 23 of 2002, as amended by Law No. 35 of 2014)

This law is all about ensuring the best interests of the child. It states that every child has the right to grow and develop in a safe environment, and that parents or guardians are responsible for their care and protection. If a child is going to live with someone other than their parents, the law requires that the new guardian is legally appointed and capable of fulfilling the child’s needs.

2. 2006 Administration of Population Law (Law No. 23 of 2006, as amended by Law No. 24 of 2013)

If the child moves to another city within Indonesia, you should refer to the Administration of Population Law. This law governs the registration of population data, including family cards (Kartu Keluarga or KK) and identity cards (KTP). 

If your child is moving to a new household, their information must be updated in the population database. The new guardian’s name will appear on the family card as the head of the household or as the child’s guardian. This is crucial for school registration and other administrative matters.

3. Indonesia’s Civil Code (Kitab Undang-Undang Hukum Perdata or KUHPerdata)

The Civil Code provides the legal framework for guardianship (perwalian). It explains who can be a guardian, how guardianship is established, and the rights and responsibilities of guardians. 

According to the Civil Code, guardianship can be granted by a court decision, and the guardian must act in the best interests of the child.

What Should You Do Now? Step-by-Step Guide

Let’s walk through the process together:

Step 1: Talk to the School

Start by asking the school exactly what documents they need. Some schools may require a court-issued guardianship letter, while others might accept a notarized statement. Clarify whether they need the guardianship to be permanent or temporary.

Step 2: Discuss with Your Family

Transferring guardianship is a big decision. Talk it over with your family and the person who will become the guardian. Make sure everyone understands the responsibilities involved.

Step 3: Prepare the Required Documents

You’ll typically need:

1. Your child’s birth certificate
2. Your family card (KK)
3. The prospective guardian’s ID (KTP) and family card
4. A letter of consent from you (the biological parent)
5. Any other documents requested by the school or local authorities

Step 4: Visit the Local Civil Registry Office (Dinas Kependudukan dan Catatan Sipil)

This is where you’ll update your child’s population data. The staff will guide you on how to add your child to the new guardian’s family card. This step is required under the 2006 Administration of Population Law.

Step 5: Legalize the Guardianship

Depending on your situation, you may need to go to court to get a formal guardianship decree. The court will review your application and, if everything is in order, issue a decision appointing the new guardian. This is in line with Indonesia’s Civil Code.

If the school only requires a notarized statement, you can visit a notary public to draft and legalize the guardianship letter.

Step 6: Submit Everything to the School

Once you have all the documents, submit them to the school’s administration office. They’ll review the paperwork and, if everything is complete, your child’s registration will move forward.

What If You Change Your Mind?

Remember, guardianship can be temporary or permanent. 

If your situation changes, say, you move back to the same country or want your child to live with you again, you can apply to revoke or modify the guardianship through the court.

Final Thoughts: You’re Doing the Right Thing

I know this process can feel daunting, but remember: you’re doing this to ensure your child’s safety, education, and well-being. Indonesian law is designed to protect children and make sure they have the support they need, no matter where they live.

If you’re ever unsure, don’t hesitate to ask a legal professional like Wijaya & Co for help. You’re not alone in this, and there are people ready to support you every step of the way.

Good luck with your child’s new school adventure! If you have more questions, just ask! I’m here to help.

My name is Asep Wijaya. Thank you for reading my posts!