W v Director-General of Social Welfare - [1990] 1 NZLR 378

Infants and children — Guardianship — Ward of Court — Effect of withdrawal of application — Appropriate forum for deciding mother's claim for access to her child who was in foster care — Director-General of Social Welfare had been appointed child's guardian and child had been placed in the care of foster parents — Mother, who sought access to the child, applied to have the child placed under guardianship of High Court — In order to have the matter of access determined in the Family Court, mother sought leave to withdraw High Court application — Foster parents opposed withdrawal — Whether filing of application changed legal status or guardianship of child — Whether withdrawal of application would revive guardianship of mother — Whether High Court was appropriate forum because of complexities of case — Whether specialisation and expertise of Family Court were recognised — Whether withdrawal should be granted — Guardianship Act 1968, ss 9 and 33.