A V B HC CHCH CIV 2007-409-001850

A V B HC CHCH CIV 2007-409-001850

The High Court held that although the final protection order should remain in place, the Family Court erred by failing to consider at the time of making the order whether a special condition permitting supervised contact between the appellant and his daughter was appropriate; the matter is remitted to the Family Court to consider supervised contact pending determination of the separate parenting proceedings.

Citation
openlaw-3efd5778_52ea_4071_abd6_93f973bbb346.pdf
Parties
Appellant: A; Respondent: B
Court
High Court
Jurisdiction
New Zealand
Judgment Date
3 October 2007
Procedural Posture
Domestic Violence Act Appeal / High Court Appeal From Family Court; Remitted to Family Court to Consider Supervised Contact
Outcome
Appeal allowed in part; final protection order upheld; remitted to Family Court to consider special condition of supervised contact between appellant and daughter pending parenting proceedings.
Legal Topics
Protection Order, Special Conditions, Supervised Contact, Parenting Orders, Procedure for Allegations of Violence
Family Law Domestic Violence Child Protection Care of Children Act Proceedings Protection Order Special Conditions Supervised Contact Parenting Orders +1 more

Case Brief

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Parties

A

Appellant

B

Respondent

Procedural Posture

Domestic Violence Act Appeal / High Court Appeal From Family Court; Remitted to Family Court to Consider Supervised Contact

Legal Issues

  1. 1 Whether the Family Court erred by failing to consider imposing a special condition concerning contact with the child when making a final protection order
  2. 2 Interaction between the Domestic Violence Act 1995 (ss16 and 27) and the Care of Children Act 2004 (ss59-61) in respect of contact and parenting proceedings
  3. 3 Whether supervised contact can be ordered under the Domestic Violence Act pending separate parenting proceedings

Ratio Decidendi

The High Court held that although the final protection order should remain in place, the Family Court erred by failing to consider at the time of making the order whether a special condition permitting supervised contact between the appellant and his daughter was appropriate; the matter is remitted to the Family Court to consider supervised contact pending determination of the separate parenting proceedings.

Court Disposition

Appeal allowed in part; final protection order upheld; remitted to Family Court to consider special condition of supervised contact between appellant and daughter pending parenting proceedings.

Orders

  • Final protection order left in place.
  • Appeal allowed in part and remitted to the Family Court with a direction to consider whether a special condition of supervised contact should be imposed between the appellant and his daughter pending the separate parenting proceedings.