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Sharifa Dalal v Qadir Alfarsi [2016] NZFC 10653

Published 02 March 2017

Application to remove father as legal guardian — Care of Children Act 2004, s 29. Mother applied to remove father as a legal guardian as she wished to travel overseas with her son and needed to establish she was the sole guardian of the child for immigration purposes. Under s 29 the Court may make an order depriving a parent of guardianship only in certain circumstances. The Court requires more than simply incapacity to perform the role. The Judge found that this was a case in which an order for removal was well founded as the father was clearly not willing to perform duties as a guardian and it would be in the child's best interests to travel without impediment. Judgment Date: 12 December 2016. * * * Note: Names have been changed to comply with legal requirements * * *