The Law Relating to Guardianship in New Zealand: A Case Study

The Law Relating to Guardianship in New Zealand: A Case Study of the Legal Protection
of Children Welfare
Name of Student
Institutional Affiliation
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Table of Contents
Contents
Table of Contents.............................................................................................................................2
Activity 1; Letter of Advice.............................................................................................................3
The Guardianship Issues..................................................................................................................3
The legal options with respect to various issues..............................................................................4
Options available for dispute resolution; Legal and out of Court...................................................4
Activity 2.........................................................................................................................................5
Part A...........................................................................................................................................5
Part B...........................................................................................................................................7
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Activity 1; Letter of Advice
Dear Mr. Cho,
We are writing to inform you that we have reviewed your case and conducted an analysis so as to
be able to advice you accordingly on what may be the best thing for you to do. Your situation
raises a number of issues with regard to matters of guardianship of children under New Zealand
and international law. In this letter we shall identify the guardianship issues arising, followed by
an outline of the legal options available for every issue and finally we shall suggest legal and
non-legal options available for you to resolve this issue.
The Guardianship Issues
The first issue is where a child lives and where the child travels; with regards to the effect of this
on his/her relationship with the parent. Under section 16(2)(b) of the Care of Children of 2004
states outlines “changes to a child’s place of residence (including, without limitation, changes of
the kind that arise from travel by the child) that may affect the child’s relationship with his/her
parents and guardians...” However section 16(2)(b) puts a requirement that for such an issue to
arise there must be a change in residence and not just a change but one that affects the child’s
relationship with the other parent. It includes travels within New Zealand and also out of the
country. The next issue concerns the dispute between the two of you over the education of
Tabatha. There needs to be a resolution of this fact whether the child is to be enrolled at King’s
College or Baradene College of the Sacred Heart. This has a slight connection to a process,
which Ms Lim could use for a without notice application for an order to stop you from making
Tabatha travel to Hong Kong, should the relationship turn even worse. Another issue comes up
with the situation where you found the mother drinking with a male colleague of hers in the
presence of the child. This could help you get custody of the child altogether, seeing that you are
only reluctantly agreeable to let her stay in New Zealand with her mother. The last issue relates
to the possibility of Ms Lim obtaining a protection order against you. We will advise on how to
deal with these issues. But first here’s a look at the legal positions relating to the issues.
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