B V B HC AK CIV-2007-404-5016

B V B HC AK CIV-2007-404-5016

The High Court allowed the appeal and set aside the Family Court relocation order because the decision to permit relocation rested solely on a predictive assessment of psychological harm to the mother without independent expert evidence or adequate reasons; that evidential insufficiency meant the Court could not be satisfied relocation was in the child's best interests and the process had gone irretrievably wrong.

Citation
openlaw-98e14db5_c507_46ea_8add_72dbfcab444d.pdf
Parties
Appellant (father): B; Respondent (mother): B; Child (represented): Child
Court
High Court
Jurisdiction
New Zealand
Judgment Date
9 May 2008
Procedural Posture
Relocation Appeal Under the Care of Children Act 2004 / High Court Appeal From Family Court Judgment (final Judgment Issued)
Outcome
Appeal allowed; Family Court relocation order set aside; matter remitted to Family Court; interim contact arrangements reinstated.
Legal Topics
Relocation Order, Best Interests of the Child, Psychological Harm, Evidentiary Standard and Expert Reports, Application of Ss 4 and 5 Care of Children Act, Appeal Standard (general Vs Discretionary)
Family Law Child Custody and Guardianship Appellate Procedure International Relocation of Children Relocation Order Best Interests of the Child Psychological Harm Evidentiary Standard and Expert Reports +2 more

Case Brief

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Parties

B

Appellant (father)

B

Respondent (mother)

Child

Child (represented)

Procedural Posture

Relocation Appeal Under the Care of Children Act 2004 / High Court Appeal From Family Court Judgment (final Judgment Issued)

Legal Issues

  1. 1 Whether the Family Court correctly granted a relocation order permitting removal of the child to England
  2. 2 Whether the Judge erred by relying on predicted psychological harm to the mother without independent expert evidence
  3. 3 Whether the Judge gave proper weight to the child's need to maintain a relationship with the non-moving parent

Ratio Decidendi

The High Court allowed the appeal and set aside the Family Court relocation order because the decision to permit relocation rested solely on a predictive assessment of psychological harm to the mother without independent expert evidence or adequate reasons; that evidential insufficiency meant the Court could not be satisfied relocation was in the child's best interests and the process had gone irretrievably wrong.

Court Disposition

Appeal allowed; Family Court relocation order set aside; matter remitted to Family Court; interim contact arrangements reinstated.

Orders

  • Relocation order made 19 July 2007 set aside
  • Interim order: child to remain in day-to-day care of respondent in New Zealand