Care of Children Act 2004

44 Disputes between guardians

• (1) If 2 or more guardians of a child are unable to agree on a matter concerning the exercise of their guardianship, any of them may—

  • (a) request counselling in respect of their dispute under section 65(2); or

  • (b) apply to the court for its direction.

  (2) Subsection (1)(a) does not limit section 45 (which relates to counselling between certain spouses, civil union partners, or de facto partners).

  (3) On an application under subsection (1)(b), the court may make any order relating to the matter that it thinks proper.

  (4) If, under an order of the High Court, 2 or more persons are guardians of, or have the role of providing day-to-day care for, a child, the High Court has exclusive jurisdiction to settle disputes, unless the order has been removed into a Family Court under section 127.

  Compare: 1968 No 63 s 13(1), (3)

  Section 44(2): amended, on 1 July 2005, by section 3 of the Care of Children Amendment Act 2005 (2005 No 5).