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TP v Chief Executive Oranga Tamariki [2018] NZFC 4083

Published 10 May 2019

Application for access — strike out application — Care of Children Act 2004, ss 4, 5 & 140 — Oranga Tamariki Act 1989 — JJF v AJH FAM-2008-009-005326, 25 March 2010 — Dillon v Chief Executive Ministry Social Development [2017] NZHC 1487. This judgment concerned an application to strike out a grandparents' application for access to their grandson. Tragically, the child's father (the applicants' son) had murdered his mother, and was now under the guardianship of the Family Court. Oranga Tamariki, who manage the child's care, had applied to strike out the grandparents' application under s 140(a) of the Care of Children Act (the Act). This section gives the Court the power to strike out applications if the continuation of proceedings, in the circumstances, is clearly contrary to the welfare and best interests of the child. It was said repeatedly by the child that they did not want to see the applicants. It was recorded that prior to the mother's death the child had heard the grandmother encouraging his father to harm and kill his mother. The judge decided that to force the child to see the applicants would be traumatic and stir up grief. Their application had a very low chance of success. In light of the child's clear statements, the application for access was dismissed as continuation of the proceedings would not be in the child's best interests. Judgment Date: 31 May 2018. * * * Note: Names have been changed to comply with legal requirements * * *