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Oranga Tamariki Act 1989

Care and protection of children and young persons - Guardianship orders

110A: Application for change of guardianship order

You could also call this:

"Asking the court to change who looks after a child"

Illustration for Oranga Tamariki Act 1989

You can ask the court to change a guardianship order if you are a permanent caregiver who is not a special guardian. You need to apply to the court for a new guardianship order under section 110 and a special guardianship order under section 113A. The court will only consider your application if you have tried to resolve any disputes with the child's parents or other guardians.

The court will look at whether you have been able to care for the child properly under the Care of Children Act 2004. If the court decides you have not been able to care for the child, it will consider whether this is because of the parents' or other guardians' behaviour. The court must also think about whether the child's well-being is being threatened.

You have to follow the same process as if you were applying to change an order under Part 2, which means you have to serve and hear the application according to Part 3. If the court agrees to your application, it will make the new orders, but only if it is satisfied that the child's well-being is being threatened because of the parents' or other guardians' behaviour. The court will also revoke your appointment as a guardian under the Care of Children Act 2004 and any associated parenting orders under section 48 of that Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6892419.

Topics:
Family and relationships > Children and parentingFamily and relationships > Adoption and guardianshipCrime and justice > Courts and legal help
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Part 2Care and protection of children and young persons
Guardianship orders

110AApplication for change of guardianship order

  1. If a person is, in relation to a child or young person, a permanent caregiver who is not a special guardian, the person may, with the leave of the court, make a combined application for a guardianship order under section 110 and a special guardianship order under section 113A.

  2. Leave of the court may be given only if the court is satisfied that—

  3. the application is made with the intention of replacing a guardianship order made under section 27 of the Care of Children Act 2004 and all associated parenting orders under section 48 of that Act with the guardianship orders referred to in subsection (1); and
    1. the person has exercised all mechanisms available under the Care of Children Act 2004 to resolve disputes with any parent or other guardian of the child or young person that relate to the circumstances referred to in subsection (4)(a).

      1. An application under this section must be treated as if it were an application under section 125 for the variation or discharge of an order made under Part 2, and, for that purpose, must be served and heard in accordance with Part 3 (with any necessary modifications).

      2. On an application under this section, the court may make the orders applied for only if—

      3. the court is satisfied that—
        1. the person has been unable to effectively exercise their guardianship responsibilities or responsibilities to provide day-to-day care to the child or young person under the orders made under the Care of Children Act 2004; and
          1. that inability is due to the conduct of the parents or other guardians of the child or young person, and that conduct forms a pattern of behaviour; and
            1. the child's or young person's well-being is being threatened or seriously disturbed as a result; and
            2. following an application under section 29A of the Care of Children Act 2004, the court will at the same time revoke both the person's appointment as a guardian under that Act and any associated parenting orders under section 48 of that Act.

              Notes
              • Section 110A: inserted, on , by section 21 of the Children, Young Persons, and Their Families (Vulnerable Children) Amendment Act 2014 (2014 No 41).
              • Section 110A(4)(a)(i): amended, on , by section 137 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).
              • Section 110A(4)(a)(iii): amended, on , by section 66 of the Children, Young Persons, and Their Families (Oranga Tamariki) Legislation Act 2017 (2017 No 31).