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Lake v Newton [2023] NZFC 7726

Published 11 August 2023

Reserved decision — orders for contact — death of parent — contact between grandparents and children — psychological issues — conciliation — Care of Children Act 2004, ss 5, 6, 47(2)(a) & 133 — Family Court Act 1980, s 9A — Newton v Family Court at Auckland [2022] NZCA 207; [2022] 2 NZLR 846 — Newton v Family Court at Auckland [2022] NZSC 112 — Lake v Newton FAM 2010-004 001891 — Newton v Family Court at Auckland [2022] NZCA 207 — D v W (1995) 13 FRNZ 336 — Allen v Wade [2017] NZFC 5189 — Walker v Walker [2006] NZFLR 768. The applicant sought contact with her grandchildren, the children of the first respondent. The applicant's daughter, who was the biological mother of the children, had died some years earlier and the children had gone into the full-time care of the respondents. Since then, the relationship between the applicant and the respondents had broken down, and the applicant had not seen the children for some seven years. The Court had granted the applicant contact with the children, but in the intervening years the children had become hostile to the applicant and did not want any contact with her. The applicant did not want enforced contact with the children; she was seeking an order that she have contact with the children if they wanted it. Before the applicant's daughter died, the Court had granted shared care of the children to her and the first respondent. Since the applicant's daughter's death the respondents had not cooperated with efforts by the Court to determine whether there should be contact between the children and the applicant. It was decided that there was no point ordering a psychologist report on the children. One of the children was open to some contact with the applicant; the views of the other child were not before the Court, but the Court inferred that the respondents had turned the children against the applicant. The Court made a final parenting order granting the applicant contact with the children, if the children initiated the contact. Judgment Date: 20 July 2023. * * * Note: names have been changed to comply with legal requirements. * * *