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Thu v Khin [2023] NZFC 4035

Published 20 July 2023

Guardianship — care and contact — relationship between parents and children — guardianship of court — Care of Children Act 2004, ss 5(a), 5(b), 5(c), 5(e), 31, 32, 33, 46R & 133 — Oranga Tamariki Act 1989, ss 14(1)(d)(1), 14AA(2) & 19. The case was to decide what contact the respondent mother should have with her three children, and whether the youngest child, a daughter, should be in the care and contact of the respondent. The three young children had had no contact with the respondent since the previous year. The applicant father did not want the respondent and the children to have any relationship or contact. The Court observed that the situation was harmful to the children and breached their rights under the Care of Children Act. In fact, the situation created a care and protection issue pursuant to the Oranga Tamariki Act. The children needed a relationship with both of their parents. The Court had previously made an interim parenting order that the boys live with their father and the girl with her mother in a different city. The children were to be together during school holidays and to have regular contact with each of their parents. Given that the parties had not observed the terms of this order, the Court appointed itself the guardian of the children and ordered that the girl be returned to the care of the respondent. The Court concluded by stating that the parties had to focus on the needs of the children. Judgment Date: 19 April 2023. * * * Note: names have been changed to comply with legal requirements. * * *