Application for removal of parent as guardian — unwilling to perform or exercise duties — grave reason for being unfit — high statutory threshold — welfare and best interests of child — Care of Children Act 2004, ss 6 & 29. This was an application by the father of a child to have himself removed as the legal guardian of the child pursuant to s 29 of the Care of Children Act 2004 ("the Act"). The applicant attended the hearing via telephone as he had moved to Australia. He claimed that he was unwilling to perform or exercise his duties, powers, rights and responsibilities of a guardian as he had moved overseas and no longer wished to have anything to do with the 7-year-old child. The mother did not oppose the application, mainly on the basis that she was the primary carer of the child in any case and it would be easier not having to deal with the applicant. The Judge noted that this was a highly unusual application, as "[g]uardianship is something that the law imposes on parents when they choose to have a child and it embodies rights and responsibilities in those people to bring the child to adulthood and make decisions for the child." The threshold under s 29 for removal of guardianship status is a high one. The Judge acknowledged that the applicant was insistent that he was unwilling to perform or exercise his duties and would not budge on this, so the criteria in s 29(3)(a) was met. The Judge noted that the obligations of the applicant as father would endure for another 12 years until the child turned 18 during which time he may change his mind, however, that was not a given. Pursuant to s 6 of the Act, a court is also required to take into account the child's views. The child expressed to the lawyer for child that they would like to see their father again in the future and would like to speak to him on the phone. Lawyer for child opposed the application on this basis and that removal of the father as guardian could have a detrimental impact on the child's future. The Judge concluded it was not in the welfare or best interests of the child for the applicant to be removed as his guardian and the application was declined. Judgment Date: 27 August 2020. * * * Note: names have been changed to comply with legal requirements. * * *