Care of Children Act 2004

Guardianship disputes

Heading: inserted, on 31 March 2014, by section 10 of the Care of Children Amendment Act (No 2) 2013 (2013 No 74).

46R 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 apply to the court for its direction.

(2)

An application under subsection (1) must be made to the Family Court unless subsection (3) applies.

(3)

An application under subsection (1) must be made to the High Court, and the High Court has exclusive jurisdiction to settle the dispute, where,—

(a)

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, and that order has not been removed into the Family Court under section 127; or

(b)

a child is under the guardianship of the High Court.

(4)

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

Section 46R: inserted, on 31 March 2014, by section 10 of the Care of Children Amendment Act (No 2) 2013 (2013 No 74).

Section 46R(2): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).

Section 46R(3)(a): amended, on 1 March 2017, by section 261 of the District Court Act 2016 (2016 No 49).