Leave to commence proceedings — substantially similar proceedings — material change in circumstances — gender dysphoria — transgender child — Care of Children Act 2004, ss 4 & 139A — Family Court Rules 2002, r 194 — Border v Tokoroa [2014] NZFC 10947 — Roundtree v Tipsanich [2015] NZFC 5488 — Rupert v Stoppard [2015] NZFC 5775. The parties had a parenting order in place in respect of their two children, aged 13 and 9. The applicant mother sought leave of the Court to vary the parenting order within two years of the initial order being put in place. In order for a Court to grant leave to bring substantially similar proceedings within a two-year period, it had to be satisfied that there was a material change to any party's or a child's circumstances. The mother submitted several reasons in support of a change in circumstances: that the eldest child wanted to be a boy and felt trapped in the wrong body; failure of the parties in communication and agreement on medical issues for the children; a change to the mother's employment meaning she had more availability to care for the children; and her eligibility for legal aid. Lawyer for child submitted that the children's views were that they wanted to spend more time in their mother's care and less time in their father's care. The Judge considered that the children's views should be given significant weight due to their ages. Although children's views were not a determinative factor, ignoring their clear views on the matter would not be in line with their welfare and best interests. The Judge therefore granted the mother's application for leave. Judgment Date: 21 June 2022. * * * Note: names have been changed to comply with legal requirements. * * *