district court logo

Kelley v Washer-Kelley [2022] NZFC 702

Published 16 July 2024

Application for guardianship orders — welfare and best interest of the child — day to day care — child's view — tikanga — Care of Children Act 2004, ss 4, 5, 6, 15, 16, 27, 49, 133 & 139A — Evidence Act 2006, s 93 — Te Tiriti o Waitangi - Treaty of Waitangi — Kelley v Washer-Kelley [2022] NZFC 572 — Takamore v Clarke [2012] NZSC 116, [2013] 2 NZLR 733 — BP v Director-General of Social Welfare [1997] NZFLR 642 (HC). This was an application for additional guardianship orders in favour of the applicant, the paternal grandmother of the child. The child had been in the care of the applicant since he was three months old when the first respondent, the father, obtained an urgent order for the child's day to day care after the second respondent failed to respond to the child's medical needs. Although the order was under the name of the first respondent, it was the applicant who handled the day to day care of the child. The second respondent, the mother, argued against the application and wanted the day to day care returned to her. The special guardianship was granted in favour of the applicant as the second respondent was not able to provide details of her accommodation and future support and had previously struggled with her commitment to collect the child from kindergarten. The Judge found that this was not in the best interest of the child. However, the Judge decided that contact should be maintained with both parents to strengthen the child's ties with both family groups. Therefore, more contact was given to the second respondent during the week and for the holidays, and the first respondent was granted supervised contact. Judgment Date: 30 March 2022 * * * Note: names have been changed to comply with legal requirements. * * *