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Watson v Buckner [2022] NZFC 2778

Published 10 June 2022

Child contact arrangements — grandparents — welfare and best interests of child — child's views — Care of Children Act 2004, ss 5, 6, 46G & 47 — re: Adoption Application by PLL [2009] NZFLR 108 (FC) — Tito v Tito [1980] 2 NZLR 257 (CA). This hearing was to determine an application by the maternal grandparents, who lived in the United States, for court-ordered contact with their grandchild. Pursuant to s 47 of the Care of Children Act, the grandparents needed leave of the Court to apply for such an order. The respondent parents of the child, all of whom lived in New Zealand, were involved in care and contact arrangements between themselves. The sole issue for determination here was whether the maternal grandparents, either together or separately, were to have any form of contact with the child physically or by electronic means. The respondent mother had a strained relationship with her parents and had eventually refused contact between the child and grandparents, claiming that the child's psychological safety was at risk should he have contact with his grandparents. In considering the application, the Judge took into consideration the best interests of the child as well as the child's views given his age, and determined that the child be given an opportunity to have a relationship with his maternal grandparents. Any residual risk could be mitigated by imposing conditions. The Judge granted the application and made a contact order in favour of the grandparents. The orders permitted travel between New Zealand and the United States for contact, as well as digital contact, with conditions which included reasonable notice of travel intentions, and that none of the adults were to speak negatively about each other in the child's presence. Judgment Date: 31 March 2022. * * * Note: names have been changed to comply with legal requirements. * * *