PS v CGJ [2015] NZHC 2983

PS v CGJ [2015] NZHC 2983

The High Court remitted the appeal to the Family Court for rehearing under s76 District Courts Act 1947, directed the Family Court to classify the proceedings as complex under rr416S/416T to enable active case management, left determination of any s133 psychologist report (including scope and appointment) to the Family Court, and preserved the existing parenting orders pending further order.

Citation
[2015] NZHC 2983
Parties
Appellant (mother): PS; Respondent (father): CGJ; Child: R
Court
High Court
Jurisdiction
New Zealand
Judgment Date
27 November 2015
Procedural Posture
Appeal Under S143 Care of Children Act 2004 Against Family Court Parenting and Non‑removal Orders / High Court Appeal Remitted to Family Court for Rehearing
Outcome
Appeal remitted to Family Court for rehearing; no order as to costs.
Legal Topics
Relocation Application, Non‑removal Order, Parenting Orders, Case Management, Psychological S133 Report, Remittal to Lower Court
Family Law Child Custody and Care Procedural Law Appeals Relocation Application Non‑removal Order Parenting Orders Case Management +2 more

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Parties

PS

Appellant (mother)

CGJ

Respondent (father)

R

Child

Procedural Posture

Appeal Under S143 Care of Children Act 2004 Against Family Court Parenting and Non‑removal Orders / High Court Appeal Remitted to Family Court for Rehearing

Legal Issues

  1. 1 Whether the appeal should be determined on the existing record or the matter remitted for rehearing
  2. 2 Whether an updated psychologist's report under s133 CCA should be ordered and who should prepare it
  3. 3 Whether the Family Court proceedings should be classified as complex under rr416S/416T

Ratio Decidendi

The High Court remitted the appeal to the Family Court for rehearing under s76 District Courts Act 1947, directed the Family Court to classify the proceedings as complex under rr416S/416T to enable active case management, left determination of any s133 psychologist report (including scope and appointment) to the Family Court, and preserved the existing parenting orders pending further order.

Court Disposition

Appeal remitted to Family Court for rehearing; no order as to costs.

Orders

  • Proceedings remitted to the Family Court at Auckland for rehearing under s76(1)(b) District Courts Act 1947
  • Family Court to classify the proceedings as complex under rr416S and 416T of the Family Courts Rules 2002 under s76(1)(c) District Courts Act 1947