New Zealand Legislation: Acts

29 Court may remove guardians

• (1) On an application for the purpose by an eligible person, the court may make—

  • (a) an order depriving a parent of the guardianship of his or her child; or

  • (b) an order removing from office a testamentary guardian or court-appointed guardian; or

  • (c) an order revoking an appointment of an additional guardian made under section 23.

  (2) In this section, eligible person, in relation to a child, means any of the following persons:

  • (a) a parent of the child:

  • (b) a guardian of the child:

  • (c) a grandparent or an aunt or an uncle of the child:

  • (d) a sibling (including a half-sibling) of the child:

  • (e) a spouse or partner of a parent of the child:

  • (f) any other person granted leave to apply by the court.

  (3) An order under subsection (1)(a) (that is, an order depriving a parent of the guardianship of his or her child) must not be made unless the court is satisfied—

  • (a) that the parent is unwilling to perform or exercise the duties, powers, rights, and responsibilities of a guardian, or that the parent is for some grave reason unfit to be a guardian of the child; and

  • (b) that the order will serve the welfare and best interests of the child.

  (4) An order under subsection (1)(b) or (c) must not be made unless the court is satisfied that the order will serve the welfare and best interests of the child.

  (5) On making an order under subsection (1), the court may also make on its own initiative an order under section 27.

  Compare: 1968 No 63 s 10

  Section 29(2)(e): amended, on 1 July 2005, by section 3 of the Care of Children Amendment Act 2005 (2005 No 5).