N v K [2021] NZHC 2213

N v K [2021] NZHC 2213

On a holistic assessment the Judge properly accepted K's evidence on the balance of probabilities based on multiple corroborating strands (age disparity and vulnerability, repeated attempts to leave, police family harm reports, social worker s132 reports and documentary evidence), concluded N had inflicted family violence and that a protection order and supervised contact were necessary to protect K and the children's welfare pending N's completion of rehabilitative courses.

Citation
[2021] NZHC 2213
Parties
Appellant: N; Respondent: K; Children: Children (A, B, C)
Court
High Court
Jurisdiction
New Zealand
Judgment Date
27 August 2021
Procedural Posture
Appeal (care of Children Act / Family Violence Act) / High Court Rehearing of Family Court Decision on Appeal From Family Court Judgment Dated 13 April 2021
Outcome
Appeal dismissed; Family Court judgment of 13 April 2021 upheld
Legal Topics
Protection Order, Parenting Orders, Standard of Proof, Credibility and Weight of Evidence, Supervised Access, Hearsay and Social Worker Reports
Family Law Family Violence Child Welfare Protection Order Parenting Orders Standard of Proof Credibility and Weight of Evidence Supervised Access +1 more

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Parties

N

Appellant

K

Respondent

Children (A, B, C)

Children

Procedural Posture

Appeal (care of Children Act / Family Violence Act) / High Court Rehearing of Family Court Decision on Appeal From Family Court Judgment Dated 13 April 2021

Legal Issues

  1. 1 Whether the respondent inflicted family violence against the applicant on the balance of probabilities
  2. 2 Whether a protection order was necessary for the applicant's protection
  3. 3 Whether parenting orders should restrict respondent to supervised contact

Ratio Decidendi

On a holistic assessment the Judge properly accepted K's evidence on the balance of probabilities based on multiple corroborating strands (age disparity and vulnerability, repeated attempts to leave, police family harm reports, social worker s132 reports and documentary evidence), concluded N had inflicted family violence and that a protection order and supervised contact were necessary to protect K and the children's welfare pending N's completion of rehabilitative courses.

Court Disposition

Appeal dismissed; Family Court judgment of 13 April 2021 upheld

Orders

  • Final protection order in favour of K upheld
  • Final parenting order: K granted custody of children A, B and C; N permitted supervised contact only (supervision by Barnardos as at hearing)