Education
IN THE FAMILY COURT AT AUCKLAND
WITHOUT NOTICE APPLICATION to settle a Dispute between Guardians and application for a Parenting Order
The Judge declined to make an interim parenting order pursuant to Family Court Rule 416J(2)(c). The issues in dispute are urgent. The matter should be dealt with on the without notice track.
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Reasons:
The issues are urgent but do not reach the threshold for making an order without notice. The key events that led to the making of the application the calls on 13 August 2021 and the boys turning up at the local resident’s home are concerning but are not such that the principle of natural justice should be displaced. It is not clear whether there was further discussion with the mother about why the boys were in the bush. The applicant also did not disclose that there was a parenting order made some years ago, in 2012. At that time contact was to be supervised on a monthly basis, however I am unclear the reason for that.
Applications should be served, lawyer for child appointed and the parties then work together to resolve the father’s concerns.
I am satisfied that there are concerns for the safety and/or wellbeing of the children and I consider the appointment necessary for the following reasons:
The boys are 12 and have a right to have their voice heard. Father alleges safety issues.
What father proposes is a change of home and school; it is important that the Court have the boys views.
The ages of these children
The issues disclosed in the proceedings
Pursuant to s 6 of Care of children act and Article 3.1 of UN Convention on the Rights of the Child, I believe that these children should be afforded an opportunity to express views to the court if they wish
I consider pursuant to s 9B(1)(c) Family Courts Act that the appointment of Lawyer for children would assist the parties in reaching agreement on the matters in dispute.
The role of lawyer for child is set out in s 9B of the Family Court Act 1980. Without enlarging or restricting that role it may include the following:
Investigate children’s situation and identify any need for urgent action.
Define issues to be resolved.
Ascertain the children’s views where appropriate.
Assess the need for specialist reports and/or counselling for the parents.
Assist the parents to reach agreement on the matters in dispute including by convening such meetings as lawyer for child deems appropriate, with lawyers for the parents to attend.
Negotiate interim contact if appropriate maximum three hours for this task. Identify any other action required by the Family Court to progress this matter.
Represent children at any conference or hearings when allocated.
When necessary and from time to time, file reports that: a) convey the child’s views, update the parents and child’s situation and, address any procedural matters arising
Report to the Court within14 days and advise whether an extension to this required brief is required.
OTHER ORDERS OR DIRECTIONS
Mother may wish to clarify in her evidence whether there are protection orders with respect to her partner. parties are encouraged to try and resolve all issues with the support of lawyer for child.
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