Teen’s Passport Access Upheld by High Court, Despite Father’s Objections
A New Zealand High Court has dismissed a father’s challenge to a Family Court order allowing his teenage daughter to apply for a German passport, reaffirming the lower court’s decision. The father argued the Family Court violated his right to be heard, lacked the authority to issue a passport order, and that the decision was unreasonable. justice Michele Wilkinson-Smith rejected these claims, finding the father was likely served notice of the original hearing but chose not to attend.
The case centers around the meaningful limitations placed on the teen due to lacking official identification.Without a Land Revenue Department number and an IRD number, she is unable to obtain a driver’s license, secure employment, or travel internationally. The mother sought the passport to alleviate these restrictions and enable her daughter to pursue opportunities, including continuing her German language studies – a subject she is currently actively learning - and potential international travel programs. The teen was reportedly “very sad” to have missed a recent family trip to Germany.
The father contended the Family Court overstepped its bounds by ordering the passport request, arguing the court had no jurisdiction over whether German authorities would actually issue the document. He requested the order be withdrawn and costs awarded to him.However, Justice Wilkinson-Smith clarified the family Court’s order simply permitted the mother to apply for a passport without requiring the father’s consent, and the enforceability of that application by the German embassy was irrelevant. She affirmed the Family Court acted within its legal authority under the care of Children Act.Moreover, the father alleged the mother was acting in her own interests, not those of their daughter, and claimed the lower court was unaware of crucial information. He specifically warned that his daughter could be detained upon arrival in Europe due to a potential German alert. While acknowledging this claim, Justice Wilkinson-Smith emphasized that the teen’s need for a passport extended beyond simply travelling to Europe, citing the broader benefits of having official identification.
Ultimately, Justice Wilkinson-Smith ruled the Family Court’s decision was both reasonable and lawful, dismissing the father’s application for judicial review.
Reported by Tracy Neal, Open Justice reporter at NZME, formerly RNZ’s regional reporter in Nelson-Marlborough and a court/local government reporter for the Nelson Mail.
