MALCOLM v LLOYD [2015] NZHC 1885

MALCOLM v LLOYD [2015] NZHC 1885

The appeal was dismissed and the Family Court's orders were confirmed because the Family Court's 3/2/2/3 shared care arrangement was age appropriate and in the child's best interests, the child needed to be settled into the Auckland routine before the holidays, and a return date of no later than 15 November 2015 balanced the appellant's employment/accommodation concerns against the child's need for stability.

Citation
[2015] NZHC 1885
Parties
Appellant: Malcolm; Respondent: Lloyd
Court
High Court
Jurisdiction
New Zealand
Judgment Date
17 August 2015
Procedural Posture
Appeal Under the Care of Children Act 2004 (family Law Relocation/custody) / Final Judgment on Appeal (appeal Dismissed)
Outcome
Appeal dismissed; Family Court orders confirmed; final orders made including return deadline and continuation of interim orders
Legal Topics
Shared Custody, Relocation, Return of Child, Interim Orders, Holiday Care Arrangements, Costs
Family Law Child Custody Relocation Law Shared Custody Relocation Return of Child Interim Orders Holiday Care Arrangements +1 more

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Parties

Malcolm

Appellant

Lloyd

Respondent

Procedural Posture

Appeal Under the Care of Children Act 2004 (family Law Relocation/custody) / Final Judgment on Appeal (appeal Dismissed)

Legal Issues

  1. 1 Whether the child's relocation should be permitted
  2. 2 Appropriate date for return of the child to Auckland
  3. 3 Appropriateness of the Family Court's 3/2/2/3 shared care arrangement

Ratio Decidendi

The appeal was dismissed and the Family Court's orders were confirmed because the Family Court's 3/2/2/3 shared care arrangement was age appropriate and in the child's best interests, the child needed to be settled into the Auckland routine before the holidays, and a return date of no later than 15 November 2015 balanced the appellant's employment/accommodation concerns against the child's need for stability.

Court Disposition

Appeal dismissed; Family Court orders confirmed; final orders made including return deadline and continuation of interim orders

Orders

  • E to be returned to Auckland no later than Sunday 15 November 2015
  • The Family Court orders of Judge Burns as to shared care and holiday arrangements (paragraph 65 of his judgment) are confirmed