Guardianship — parenting orders — relocation — welfare and best interests — Care of Children Act 2004, ss 4, 5, 6, 46R, 47 & 77 — Kacem v Bashir [2010] NZSC 112, [2011] 2 NZLR 1 — D v S [2002] NZFLR 116 (CA), (2001) 21 FRNZ 331 (CA) — S v O (Relocation) [2006] NZFLR 1 (HC), (2005) 25 FRNZ 259 (HC) — S v L (Relocation) [2008] NZFLR 237 (HC). The parties were the separated parents of two children. The mother sought a guardianship order permitting her to relocate herself and the two children to her home country of Germany. The mother was born in Germany, and her main reason for relocation back home was the lack of family and friends to support her in New Zealand. She wanted to be closer to her family, for her children to be able to connect with their German heritage, and submitted that she was capable of maintaining the children's knowledge of and connection to their Māori culture and whakapapa that they inherited through their father. The father opposed the application, saying that it would be in the best interests of the children to remain in New Zealand, and questioned whether he would be able to see the children if the order was granted due to his convictions and lack of funds to travel to Germany. Both parties cited mental health struggles that would be exacerbated if an order was not made in their favour. The Court noted that there was a history of family violence in the parties' relationship, with a protection order being served against the father. It also noted that the father's mental health struggles were to the point of requiring inpatient care which, while not being his fault, affected his ability to both care for the children and help them with connecting with their Māori culture and heritage. The Court found that the childrens' welfare and best interests would be better served by granting the relocation order. The children would benefit from connecting with their German culture and heritage, while maintaining their connection with their Māori culture and heritage through both their mother and video calls and messages to their father. The children would also benefit having a wider support network through the mother's family in Germany, especially since they had no contact with their extended family on their father's side. The Court made an order allowing the relocation, with provisions allowing for contact with the respondent. Judgment Date: 27 June 2024 * * * Note: names have been changed to comply with legal requirements. * * *