Care of Children Act 2004

47 Who may apply for parenting order

• (1) In section 48(1), 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 spouse or partner of a parent of the child:

  • (d) any other person who is a member of the child’s family, whānau, or other culturally recognised family group, and who is granted leave to apply by the court:

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

  (2) However, if a parent of a child has died or has been refused contact with the child by a court, or if a parent entitled to have contact with a child is making no attempt to have that contact, then each of the following persons is, for the purposes of an application for an order under section 48(1) determining who may have contact with the child, also an eligible person in relation to the child:

  • (a) the parents of that parent of the child; and

  • (b) a sibling of that parent of the child; and

  • (c) a sibling of the child.

  Compare: 1968 No 63 ss 11(1), 15(1), 16(1)

  Section 47(1)(c): amended, on 1 July 2005, by section 3 of the Care of Children Amendment Act 2005 (2005 No 5).