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Ahuja v Robertson [2022] NZFC 803

Published 17 March 2023

Guardianship — day-to-day care of child — contact between parents and child — family violence — safety of child — Care of Children Act 2002, ss 4, 5, 5A & 6 — Family Violence Act 2018. The applicant in this case was the grandmother of a young child, and the respondents were the child's parents. The respondents had had troubles in their relationship, and a protection order was in place against the male respondent, with the female respondent and the child being the protected persons. Subsequently the applicant was granted an interim parenting order and an interim additional guardianship order. The respondents saw the child under supervision, and they had an end goal of the child moving back into their day-to-day care. The applicant was concerned at the prospect of the child moving back into the day-to-day care of the respondents too soon. She cited the risk of family violence in the respondents' household and other safety concerns that she had, including that the child was at risk of being sexually abused by the male respondent. However the applicant was unable to provide any evidence of sexual abuse; in fact evidence suggested that the child was close to her father. The Court considered that contact between the respondents and the child was to progress, via a staged process so that the respondents had support and the risk of family violence was minimised. The Court discharged the existing interim parenting order and made a new order stipulating that the child was to remain in the day-to-day care of the applicant with gradually increasing contact with the respondents. Judgment Date: 2 February 2022. * * * Note: names have been changed to comply with legal requirements. * * *