district court logo

Jasmine Brooks v Huatare Ropata [2016] NZFC 1385

Published 31 July 2016

Removal of guardian — Care of Children Act 2004, s 29. The applicant sought the removal of the father as a guardian of the child. The father supported the removal. Considering the law however, the Judge found it inappropriate to do so on the facts. As expressed by the Judge, s 29 of the Act requires that such an order not be made unless the order will serve the welfare and best interests of the child. Although the father had demonstrated and expressed his unwillingness to perform or exercise the duties, powers, rights and responsibilities of his guardianship, the implications of the removal did not satisfy the requirements of s 29. Removing the father as guardian was a societal label of profound disqualification which could affect the identity of the child and discourage a later change of heart by the father. **Note: names have been changed to comply with legal requirements.