The Star: October 31, 2019

CONTACT WITH
GRANDCHILDREN
8
LAW
LIVING
LIFE
PUZZLES
At a time when we are living longer and healthier lives it is
also the case that the glue that formerly kept families together
and in communication with one another has been stretched to
breaking point.
The Care of the Children Act 2004 recognised this evolving
family dynamic and the Act ensures that children have a way
to maintain and develop a relationship with all wider family
members including Grandparents.
A frequent issue arising for grandparents can be contact
with their grandchildren in circumstances where either
their child or their child’s partner becomes disenchanted
with them and/or their partner and as a consequence stops
contact with grandparents. Alternately it may be that one of
the grandparents’ children is a disinterested parent and that
provides a block on communication and contact.
It will come as no surprise and perhaps some satisfaction
that both the Courts and Oranga Tamariki have recognised
the increasingly important role played by grandparents in
the lives of their grandchildren. In a Rotorua case in 2008
Judge Mackenzie noted that grandparents can “offer benefits
to children different from parents, often because of life
experiences and also because of greater availability of time”.
In the Nelson Family Court Judge Russell commented “As
I have said in a number of cases, it takes “a village to raise a
child”, and good grandparents can teach children much about
life which the children’s own parents cannot. They come from
a different generation and can teach children matters from a
different perspective than can the children’s own parents.”
This brief commentary is directed to contact as distinct from
day to day care (or what used to be called “custody”). In the
case of contact then, grandparents have a right to apply to
Court, subject to leave being granted. It would be unusual
for the Courts not to grant leave in circumstances where
grandparents are clearly motivated by a genuine interest
in their grandchild and had a desire to have a meaningful
relationship with them.
Before applying to the Court
grandparents would need to go through
a process known as FDR (Family
Dispute Resolution). That requires the
parties to mediate with the parents
of the child with a view to reaching a
satisfactory outcome. That process can
take up to 6 weeks and does have a cost.
If the matter is unable to be resolved
at the FDR stage, then an application
can be made to the Court for contact
and at the same time an application
EXERCISE THE MIND
SUDOKU - EASY
for leave. If you find yourself in this
predicament then you should contact
your lawyer to discuss what can be done.
At Harmans we have a team of 5 lawyers
in the Family Team who understand the
application of the legislation and how
to provide a pathway for you to either
obtain contact or obtain a resumption of
contact with your grandchild.
You can give either Harriet Daley or
Charlie Robson a call on 352-2293 to
arrange an appointment to discuss your
situation.
SUDOKU - MEDIUM
QUICK CROSSWORD SOLUTIONS ON PAGE 11
ACROSS
1. Overdue (4)
3. Having a fragrant smell (8)
9. Captain (7)
10. Be an informer (5)
11. Fragrant shrub (5)
12. Silly laugh (6)
14. Frightened (6)
DOWN
1. Languid, apathetic (8)
2. Ordeal (5)
4. Something uncommon (6)
5. Strength (5)
6. Acrobat’s swing (7)
7. Barel (4)
8. Geronimo’s people (6)
16. Light wind (6)
19. Immediately (6)
21. Small stream (5)
24. Two times (5)
25. Molasses (7)
26. Monday to Friday (8)
27. Chief of the Greek gods (4)
13. Devil-may-care (8)
15. Lufthansa, for example (7)
17. Red gems (6)
18. Deserving (6)
20. Very much (2,3)
22. When expected (2,3)
23.Put away for storage (4)