21 Dec 2015
THORPE v BARRETT [2015] NZHC 3344
- Citation
- [2015] NZHC 3344
- Court
- High Court
The Family Court erred by improperly treating the mother's decision to relocate as inherently unreasonable and by unduly discounting the children's clearly expressed views without proper justification under s4(2)(b) and s6; on reassessment the High Court found the balance of relevant factors, particularly continuity of primary care and the children's persistent and genuine wishes, favored relocation to the mother's residence in the South Island and allowed the appeal.