Care of Children Act 2004

46B Consent where child has no guardian

• (1) This section applies to a child who does not have a guardian because guardianship of the child has ended under section 28(1).

  (2) If an enactment requires that the child obtains the consent of 1 or more guardians for a particular purpose, the child may—

  • (a) seek the consent from his or her former guardians; or

  • (b) apply to the court for the consent.

  (3) When an application is made under subsection (2)(b), a Family Court Judge may, if he or she considers that giving the consent is reasonable in all the circumstances, give the consent required.

  (4) A consent given to a child for a purpose referred to in subsection (2), either by the child’s former guardians or by a Family Court Judge under subsection (3), has the same effect as if it had been given by all the people whose consent was required for that purpose.

  Section 46B: inserted, on 1 July 2005, by section 3 of the Care of Children Amendment Act 2005 (2005 No 5).