Teen’s Passport Access Upheld by Highโ Court, โDespite Father’sโค Objections
A New Zealand High Court has dismissed a father’s challenge to a Family Court order allowing his teenage daughter โto โฃapply for a German passport, reaffirming the lower court’s decision. The father argued the Family Court violated his right to be heard, lacked theโค authority to โissue a passport order, and that the decision was โunreasonable. โขjustice Michele Wilkinson-Smith rejected these claims, finding theโ father was likely served noticeโ of the original hearing but โchose not โฃto attend.
The case โคcenters around the meaningful limitations placed on the teen due to lacking officialโฃ 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 โฃpursue opportunities, including continuing herโค German language studies – aโ subjectโข she is currently actively learning โข-โ and potential international travel programs. The teen was reportedly “very sad” to have missed a recent family โฃtrip toโ Germany.
The father contended the Family Court overstepped โฃits bounds by ordering the passport request, arguing the court had no jurisdiction over whether German authorities would actually issue the document. He requested the โคorder be withdrawn and costs awarded to him.However, Justice Wilkinson-Smith clarified theโ family Court’s order simply permittedโข the mother to apply for a passport without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 โthe mother was acting in herโ own interests, not those โof their daughter, and claimed the lower court was unaware of crucialโฃ information. โHe specifically warned that hisโข daughter could be detained upon arrival โin Europe due to a potential German โalert. While acknowledging โthis claim, Justice Wilkinson-Smith emphasized that the teen’s need for a passport extended beyond simply travelling to Europe, citing โฃthe broader benefits of having official identification.
Ultimately, Justice Wilkinson-Smith ruled the Family Court’s decision was bothโฃ reasonable and lawful, dismissing the father’s application for judicial review.
Reported by Tracy Neal,โ Open Justice reporter at NZME, formerly RNZ’s regional reporter in Nelson-Marlborough and โa court/local government reporter for the Nelson Mail.