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Wyatt v Hall [2018] NZFC 5926

Published 21 June 2019

Child suffering dental problems — parents unable to agree on treatment — guardianship decision on treatment — Care of Children Act 2004, ss 4, 5, 16, 31 & 46R. The nine-year old daughter of the parties had problems with her teeth and the parties were unable to agree on treatment. The Court directed the applicant to file an application to resolve the dispute, and also appointed a lawyer to file an application to place the daughter under the Court's guardianship. The lawyer to assist the Court obtained an independent report that recommended that four of the daughter's teeth be extracted. The parties continued to disagree on treatment and the daughter did not want to be involved in making the decision. The matter returned so the Court could decide whether one of the parties or an independent person should be appointed to make a guardianship decision about dental treatment. The respondent was in doubt as to whether dental treatment was a guardian issue. The Court found that it was, as the need for treatment was becoming urgent. The parties were at an impasse and if the matter was not resolved swiftly it would deepen the dispute. As there was potential for the dental treatment to be drawn out over a long period it was appropriate to grant the appointment of a guardian to oversee the process and remain involved if needed. The daughter was declared a ward of the Court. The Court then turned to the issue of who should decide what treatment the daughter should receive. Examining the behaviour of the parties, it was found that the applicant had shown a more reasonable and open-minded attitude than the respondent. Furthermore, the respondent had had a protection order against him, so it would not be in the daughter's best interests to give him the power to decide her treatment. The applicant was appointed to address the daughter's dental issues. The terms of that appointment covered all dental treatment, but both parents were appointed as agents of the court for all other guardianship purposes. The guardianship order would end once the daughter turned 16 and the parents were to bare the costs of the treatment equally. Judgment Date: 3 August 2018. * * * Note: Names have been changed to comply with legal requirements * * *