4 Sept 2015
CLP v. CSN (FORMERLY KNOWN AS HTY OR HTZ) AND ANOTHER
- Citation
- CLP v. CSN (FORMERLY KNOWN AS HTY OR HTZ) AND ANOTHER
- Court
- Family Court
- Case number
- FCMP102/2014
The court lacks jurisdiction to appoint the grandmother guardian under s8D(2)(b) because the natural mother retains parental rights under the GMO; s8D(2)(b) applies only where the minor 'does not have any parent, guardian or other person having parental rights' and that factual and legal threshold was not met. The father similarly lacks rights due to illegitimacy absent a court order, but that does not affect the mother's continuing parental rights; accordingly the guardianship application under s8D(2)(b) must be refused.