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Peeling v Gordon [2023] NZFC 2857

Published 06 November 2023

Reserved judgment — appointment as additional guardian — cultural knowledge — strike out — Care of Children Act 2004, ss 4, 5, 6 & 27(2)(b) — Family Court Rules 2002, r 193 — R v R [2003] NZFLR 200 — Jombert v Dean [2015] NZFC 5779 — JBT v BDT [2012] NZFC 842. The applicant sought to be appointed as an additional guardian of her niece and nephew, for the specific purpose of teaching them about their cultural heritage. She submitted that she had to impart her knowledge to the children while they were still young. The respondent parents opposed the application. The first respondent said that it was unnecessary, as she was able to teach the children about their heritage herself; the second respondent believed that the children would be unsafe in the company of the applicant. The Court considered that to grant the application would cause further upheavals in the lives of the children. The applicant would not be able to cooperate or properly consult with the respondents, and she was largely concerned with her own needs rather than those of the children. The Court ordered the application struck out. Judgment Date: 28 March 2023 * * * Note: names have been changed to comply with legal requirements. * * *