Application for additional guardian — welfare and best interests of child — citizenship of child — Care of Children Act 2004, ss 5 & 27 — Hawthorne v Cox [2008] NZCA 146. The applicant sought an order from the Court that she be granted additional guardianship of her nephew pursuant to s 27 of the Care of Children Act ("the Act"). The child had been born and grown up in New Zealand and had New Zealand citizenship. His parents were from China and lived there. The child, now 16, had been living with his aunt, uncle and cousins in New Zealand. The aunt sought the order as guardianship permission to attend a particular school was required. Lawyer for child opposed the application on the basis that it breached the principle under s 5 of the Act in that a child's parents should have the responsibility for a child's day-to-day care. In determining the application the Judge had to take into account the welfare and best interests of the child. The Judge considered the child's situation, noting that day-to-day care of a 16 year old was much less involved than that of someone younger, as a 16 year old was essentially a young adult. A court's jurisdiction to make parenting orders under the Act expired when a child turned 16. The Judge noted too that the child communicated regularly with his parents in China. Weighing up the child's unique circumstances the Judge concluded that an additional guardianship order in favour of the aunt was in the child's welfare and best interests. The application was granted and an order made appointing the aunt as an additional guardian. Judgment Date: 12 March 2021. * * * Note: names have been changed to comply with legal requirements. * * *