district court logo

Green v Brown [2022] NZFC 2797

Published 27 July 2023

Reserved judgment — order for contact — alienation — “family group, whānau, hapū or iwi” — Care of Children Act 2004, ss 4, 5, 46G, 47 & 48. The proceedings concerned the young son of the respondent. The applicants sought a parenting order providing contact with the child every second weekend and for half of all school holidays. The applicants were not biologically related to the child, but saw him as a grandson. They had been close to the child's mother, who had died several years earlier, and had played a major part in the child's life while his mother was still alive. The applicants had various concerns about the respondent and his style of parenting, including that he had taken the child away during school time. The respondent considered that the applicants were interfering in his parenting. He opposed the parenting order application but was willing to let the applicants have occasional contact with the child. The Court considered that the applicants meant well but that they had "overstepped the mark" on several occasions and lacked proper respect for the fact that the respondent was the child's father and guardian. Further, the applicants did not seem to understand that their behaviour had been inappropriate at times. The Court found that to grant the application would not be in the child's welfare and best interests. However the Court did express a hope that the applicants would be able to have an ongoing and regular relationship with the child. The parties were referred to counseling so that they could improve their relationship. The application was declined. Judgment Date: 30 March 2022. * * * Note: names have been changed to comply with legal requirements. * * *