Article 3 Para 1 of the Convention of the Rights of a Child states that; In all actions concerning children whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies , the best interests of the child shall be the primary considerationArticle 18 Para 1 Also goes on about the best interests of the childDoes this mean in these case that the best interests of the child over ride the rights of a parent? or anyone else for that matter as the primary consideration?Article 12 Para 1 What is considered to be an appropriate age?Thanks
We have a situation whereby my grand daughter aged 16 was killed in a motor accident leaving behind a baby boy who will be 4 at the end of August. My wife myself and the childs aunty caregivers and we are bringing up our great grandson. My wife and the aunty are also guardians together with the father whom I am told qualifies as guardian automatically. Prior to the mothers death the fathers side had nothing to do with us. Now driven by his mother he is making life difficult and the mother has
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This does mean that the objective view of what is the child's best interests can be different from what parents want. The age however is more difficult. Over age 16 the courts under the Care of Children Act will not enforce contact for example. Each case is dealt with on the facts
This means that some children are better able to articulate their views and others will have been manipulated to express a view. Cases and precedents are not always therefore useful without context.
However the child does not decide what is in their best interests. That is the job of the judge.
That is understandable. But if I argu for example that the fathers visits to the Care Centre are disrupting the child schooling I am told he is allowed to do that because it is his right as a father. Then the son's mother wants him stay over the school holidays and spend nights with his father because she wants him to bond and I table a letter from the Doctor telling of unsettled nights etc I am told that the father has a right to do that. Even if all of that is contrary to the childs best interests. The mother has been heard to say that they want to get the child so that the son will never have to work. We don't see that as being in the childs best interests but when we put it forward an argument against we are told by our lawyer that we should look at the father in that light because of his rights even though he has another partner and she has two preschool children. In the three years the father has never had a job and doesn't intend to get one as long as he has a meal ticket in the child.
Are you a grandparent? I wasnt sure here.
Great Grand Parents
I understand now. But i expect WINZ may have something to say about his plans to live off a benefit
Can I help further?
Yep I want a pitbull lawyer to handle this case You are at Tauranga aren't you But I don't know if I could afford you!!
I am in Wellington but I am not allowed to take cases from this site in any event. But I can suggest some names.
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