Published 05 December 2016
Application to strike out proceedings — application for contact parenting order by grandparents — Barker v Cargill [2007] NZFLR 1108 — Care of Children Act 2004, s 140. Respondent’s application to strike out proceedings by relying on s 140 of the Act was declined. Leave was granted to the grandparents to apply for contact parenting orders as originally sought. Section 140 gives the court the power to dismiss proceedings if it is satisfied — (a) that the proceedings relate to a specified child, and that the continuation of the proceedings is, in the particular circumstances, clearly contrary to the welfare and best interests of the child; or (b) that the proceedings are frivolous or vexatious or an abuse of the procedure of the court. The parent’s failure to provide evidence of the children’s views was fatal to the application. Given the nature of the proceedings a child-focused approach was essential. Judgment Date: 3 August 2016. * * * Note: names have been changed to comply with legal requirements. * * *
This website explains many of the things you might want to know if you are coming to the Youth Court, or just wondering how the Youth Court works.
Visit website›Ministry of Justice website with information on family issues including about going to court, forms and other times when you may need help.
Visit website›For information about courts and tribunals, including going to court, finding a court & collection of fines and reparation.
Visit website›On this site you will find information about our Supreme Court, Court of Appeal and High Court including recent decisions, daily lists and news.
Visit website›