The Law Relating to Guardianship in NZ: Mr. Cho's Case Study Advice
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Homework Assignment
AI Summary
This assignment presents a detailed case study concerning guardianship issues in New Zealand, focusing on the legal situation of Mr. Cho. It begins with a letter of advice that identifies key guardianship issues, including child residency, education disputes, parental behavior, and potential protection orders. The letter outlines relevant legal options, emphasizing the Care of Children Act 2004 and the Guardianship Act of 1968, as well as dispute resolution methods like negotiation and court proceedings. The assignment further includes two emails: one to the client, addressing a travel issue to Malaysia, and another providing legal representation options, including applying for an Order Preventing Removal. The emails highlight the legal rights of guardians, the importance of court orders, and the steps to prevent a child from leaving New Zealand, along with the potential for urgent legal action. The analysis considers the child's welfare, the parents' rights, and the potential for legal action, offering practical advice and legal strategies to resolve the guardianship disputes and protect the child's interests.

The Law Relating to Guardianship in New Zealand: A Case Study of the Legal Protection
of Children Welfare
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of Children Welfare
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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
2
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
2

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.
3
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.
3
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The legal options with respect to various issues
The law is always applied by the courts in a way that ensures the best for the wellbeing of the
child. During interpretation of various statutory laws the following general matters are to be
taken into consideration with regards to travelling of a child;
a) What age the child is; and as such how their own vies are to be taken into consideration.
b) The situation of the relationship the child has with each of his/her natural guardians
c) The welfare, security and safety of the child.
d) What effect the relocation of the child has to the situation of the parent with primary care
of the child.
There are principles contained in section 5 of the Care of Children’s Act. We shall outline those
relating to this scenario which are,
a) A child have should have a relationship which both parents
b) The upbringing of the child must be done with continued cooperation by all guardians
c) A child must have continuity in their care or upbringing
d) A child’s upbringing must solely be the responsibility of the parents and guardians
e) The child must be protected against all forms of violence whether domestic or external.
According to the United Nations Convention on the Rights of the Child, which New Zealand is
party to, the child must be protected from any type of violence or abuse (Article 19). The
Guardianship Act of 1968 gives both rights and responsibilities to all guardians of a child. The
following is our counsel on how to resolve your issue.
Options available for dispute resolution; Legal and out of Court
The first option usually available for any dispute to have ago at negotiation. Apparently the two
of you are in agreement in many matters; and as such the remaining few should not be a
problem. Ms Lim and you could meet to discuss and resolve the few remaining matters. She
must not take the full responsibility of decision making with regards to Tabatha just because she
is the one living with her presently. The Guardianship Act provides that just because one
guardian has current custody of a child it does not give them exclusive rights over the decision
making. This includes matters naming, education, healthcare and even religion among other
4
The law is always applied by the courts in a way that ensures the best for the wellbeing of the
child. During interpretation of various statutory laws the following general matters are to be
taken into consideration with regards to travelling of a child;
a) What age the child is; and as such how their own vies are to be taken into consideration.
b) The situation of the relationship the child has with each of his/her natural guardians
c) The welfare, security and safety of the child.
d) What effect the relocation of the child has to the situation of the parent with primary care
of the child.
There are principles contained in section 5 of the Care of Children’s Act. We shall outline those
relating to this scenario which are,
a) A child have should have a relationship which both parents
b) The upbringing of the child must be done with continued cooperation by all guardians
c) A child must have continuity in their care or upbringing
d) A child’s upbringing must solely be the responsibility of the parents and guardians
e) The child must be protected against all forms of violence whether domestic or external.
According to the United Nations Convention on the Rights of the Child, which New Zealand is
party to, the child must be protected from any type of violence or abuse (Article 19). The
Guardianship Act of 1968 gives both rights and responsibilities to all guardians of a child. The
following is our counsel on how to resolve your issue.
Options available for dispute resolution; Legal and out of Court
The first option usually available for any dispute to have ago at negotiation. Apparently the two
of you are in agreement in many matters; and as such the remaining few should not be a
problem. Ms Lim and you could meet to discuss and resolve the few remaining matters. She
must not take the full responsibility of decision making with regards to Tabatha just because she
is the one living with her presently. The Guardianship Act provides that just because one
guardian has current custody of a child it does not give them exclusive rights over the decision
making. This includes matters naming, education, healthcare and even religion among other
4
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issues. As such, you have a say on the education and religion, traveling and other activities of
your child as much as Ms Lim does. We can help in the negotiation or even do it wholly for you.
However, should negotiations fail you could use the courts to get the best interest of the child.
Seeing as the mother is involving herself in reckless behavior, drinking with a male colleague in
front of Tabatha could be a cause to sue for custody of the child. This could be a little hard
though, as the child is of a young age currently. At eight years she may need to stick to her
everyday routines like the developing child she is. A family court can come in handy in deciding
the issue of school as well. The fact that you are ready to pay the school fees should she enroll at
Kings College will be a head start but can never be a guarantee.
With the Protection Order threat she is unfair and does not seem to act in the interest of the child.
You losing your job could have undesired effects for your child more than it would contribute to
her safety, because you are not a violent man. Should you fail in the negotiation to prevent her
from going ahead with the plan, we could act to defend you against it in court. Even then it
would be a weak claim because the Family Court acts in the best interest of the child and not
solving differences between the guardians.
We wish you the best in the process of resolving this dispute.
Thank you,
Legal Team.
Activity 2
Part A
E-MAIL
To: Maurice.Cho27@gmail.com
Subject: Tabatha’s Journey to Malaysia
Hello. We write this in response to the issue you raised with us this morning concerning the
matter of your child travelling to Malaysia with the mother.
5
your child as much as Ms Lim does. We can help in the negotiation or even do it wholly for you.
However, should negotiations fail you could use the courts to get the best interest of the child.
Seeing as the mother is involving herself in reckless behavior, drinking with a male colleague in
front of Tabatha could be a cause to sue for custody of the child. This could be a little hard
though, as the child is of a young age currently. At eight years she may need to stick to her
everyday routines like the developing child she is. A family court can come in handy in deciding
the issue of school as well. The fact that you are ready to pay the school fees should she enroll at
Kings College will be a head start but can never be a guarantee.
With the Protection Order threat she is unfair and does not seem to act in the interest of the child.
You losing your job could have undesired effects for your child more than it would contribute to
her safety, because you are not a violent man. Should you fail in the negotiation to prevent her
from going ahead with the plan, we could act to defend you against it in court. Even then it
would be a weak claim because the Family Court acts in the best interest of the child and not
solving differences between the guardians.
We wish you the best in the process of resolving this dispute.
Thank you,
Legal Team.
Activity 2
Part A
To: Maurice.Cho27@gmail.com
Subject: Tabatha’s Journey to Malaysia
Hello. We write this in response to the issue you raised with us this morning concerning the
matter of your child travelling to Malaysia with the mother.
5

First we regret the conduct of Ms Lim with regards to handling this issue. Her decision to travel
with Tabatha outside the country without consulting you is a clear demonstration that she does
not appreciate your role as a guardian of the child. The Guardianship Act gives you as much
rights as she in making decisions concerning the life of your child.
That said, the purpose of the travel is to attend a birthday of a friend of Ms Lim’s regrettably a
matter that is not intended for the improvement of an eight year old. Seeing as she is a person
who drinks at home in the presence of the child there is enough to fear for the conduct she is
going to subject the child to away in that birthday party. Tabatha is imminently going to be
exposed to alcohol and all sort of things that come with birthday parties. This amounts to abuse
under the Care for Children’s Act. Our opinion is that you should not agree to the plans. As such
you should seek the help of the courts to stop her from traveling alongside her mother.
The first step to take in preventing a child from leaving New Zealand is to apply to the Family
Court to obtain an Order Preventing Removal. This is a right you retain as a natural guardian
under the Guardianship Act. Upon successful application the court will order that Tabatha’s
passport be deposited with the court, or the travel tickets. It could also lead to an order that the
child stays in New Zealand until ordered otherwise.
You will however have to make this application personally instead of us doing it on your behalf.
Also you must convince the court that there will be some sort of legally recognized harm to the
child should she travel abroad. The fact that it’s a party and you have previously found her
drinking in the presence of the child should make a strong claim.
There is an option to apply for an order with or without notice, in this case it is advisable to for
an order with notice, and so that the mother gets to answer your concerns in court and also that
she may be given strict orders against wrongdoing, should they be allowed to travel anyway.
All the best,
Legal Team.
6
with Tabatha outside the country without consulting you is a clear demonstration that she does
not appreciate your role as a guardian of the child. The Guardianship Act gives you as much
rights as she in making decisions concerning the life of your child.
That said, the purpose of the travel is to attend a birthday of a friend of Ms Lim’s regrettably a
matter that is not intended for the improvement of an eight year old. Seeing as she is a person
who drinks at home in the presence of the child there is enough to fear for the conduct she is
going to subject the child to away in that birthday party. Tabatha is imminently going to be
exposed to alcohol and all sort of things that come with birthday parties. This amounts to abuse
under the Care for Children’s Act. Our opinion is that you should not agree to the plans. As such
you should seek the help of the courts to stop her from traveling alongside her mother.
The first step to take in preventing a child from leaving New Zealand is to apply to the Family
Court to obtain an Order Preventing Removal. This is a right you retain as a natural guardian
under the Guardianship Act. Upon successful application the court will order that Tabatha’s
passport be deposited with the court, or the travel tickets. It could also lead to an order that the
child stays in New Zealand until ordered otherwise.
You will however have to make this application personally instead of us doing it on your behalf.
Also you must convince the court that there will be some sort of legally recognized harm to the
child should she travel abroad. The fact that it’s a party and you have previously found her
drinking in the presence of the child should make a strong claim.
There is an option to apply for an order with or without notice, in this case it is advisable to for
an order with notice, and so that the mother gets to answer your concerns in court and also that
she may be given strict orders against wrongdoing, should they be allowed to travel anyway.
All the best,
Legal Team.
6
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Part B
E-MAIL
To: Maurice.Cho27@gmail.com
Subject: Tabatha’s Journey to Malaysia
Hello Mr. Cho. It is unfortunate that the situation did not turn out as we expected. We are
saddened by the unfortunate twist of events that this situation has now taken. Apparently Ms Lim
is going to take Tabatha with her outside the country without taking your opinion into
consideration. Here are our recommendations. To begin with, the good news is that for this
particular situation we can legally represent you in court and do the negotiations for you.
In this case the ideal legal solution remains applying for an Order Preventing Removal; only this
time it is a without notice application. This works best for urgent matters and the Lawyers and
Conveyancers Act (Lawyers: Conduct and Client Care) Rules of 2008 allows legal representation
in action on your behalf.
It is of essence to note that it is a criminal offense for anyone to take a minor out of New Zealand
if the action goes against either a Parenting Order, Order Preventing Removal or any other court
order barring the same. Also if there is a matter Vis a Vis the issue of travelling continuing in
any court it is a criminal offence. As such Ms Lim is in violation of the law by cutting
communication to facilitate travelling to Malaysia.
Nevertheless, there is a hope in the Family Court. There is need to implore the to give a border
alert so that when the name of Tabatha comes up in any exit point of the country whether
through the airport or by sea then the child will be prevented from leaving. Thereafter, upon
applying for the without notice Order Preventing Removal as we suggest then the court will do
either of the following;
a) They can provide a warrant to the police so that if anyone gets to the child she can be put
in safe custody until the court deals with the case.
7
To: Maurice.Cho27@gmail.com
Subject: Tabatha’s Journey to Malaysia
Hello Mr. Cho. It is unfortunate that the situation did not turn out as we expected. We are
saddened by the unfortunate twist of events that this situation has now taken. Apparently Ms Lim
is going to take Tabatha with her outside the country without taking your opinion into
consideration. Here are our recommendations. To begin with, the good news is that for this
particular situation we can legally represent you in court and do the negotiations for you.
In this case the ideal legal solution remains applying for an Order Preventing Removal; only this
time it is a without notice application. This works best for urgent matters and the Lawyers and
Conveyancers Act (Lawyers: Conduct and Client Care) Rules of 2008 allows legal representation
in action on your behalf.
It is of essence to note that it is a criminal offense for anyone to take a minor out of New Zealand
if the action goes against either a Parenting Order, Order Preventing Removal or any other court
order barring the same. Also if there is a matter Vis a Vis the issue of travelling continuing in
any court it is a criminal offence. As such Ms Lim is in violation of the law by cutting
communication to facilitate travelling to Malaysia.
Nevertheless, there is a hope in the Family Court. There is need to implore the to give a border
alert so that when the name of Tabatha comes up in any exit point of the country whether
through the airport or by sea then the child will be prevented from leaving. Thereafter, upon
applying for the without notice Order Preventing Removal as we suggest then the court will do
either of the following;
a) They can provide a warrant to the police so that if anyone gets to the child she can be put
in safe custody until the court deals with the case.
7
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b) They can also order Ms Lim to deposit her passport with the court, and this can also
include the air tickets.
Note that should such an order be issued it will prevent anyone from taking the child out of the
country, including you. You will not be able to take Tabatha with you to Hong Kong until you
make a fresh application yourself to be allowed to do so. Also of importance to note is that this
process may not guarantee you that Tabatha will not travel. The court will give a chance to her
mother to ask them not to issue the order on different terms.
Such orders are given where the court believes the child faces imminent injury, a form of undue
hardship or a risk to either the child her guardian’s security. The most important reason for our
scenario, that the guardian’s child will be taken outside the country without his/her permission, is
also one of the reasons that the courts consider. All you will have to do is remain honest with the
court and apply a neutral approach in giving your case because as said earlier the Family Court is
primarily concerned with the welfare of the child and not solving the dispute between guardians.
8
include the air tickets.
Note that should such an order be issued it will prevent anyone from taking the child out of the
country, including you. You will not be able to take Tabatha with you to Hong Kong until you
make a fresh application yourself to be allowed to do so. Also of importance to note is that this
process may not guarantee you that Tabatha will not travel. The court will give a chance to her
mother to ask them not to issue the order on different terms.
Such orders are given where the court believes the child faces imminent injury, a form of undue
hardship or a risk to either the child her guardian’s security. The most important reason for our
scenario, that the guardian’s child will be taken outside the country without his/her permission, is
also one of the reasons that the courts consider. All you will have to do is remain honest with the
court and apply a neutral approach in giving your case because as said earlier the Family Court is
primarily concerned with the welfare of the child and not solving the dispute between guardians.
8
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