New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Home schooling

  • 6 Jul 2016

    M v N [2016] NZHC 1524

    Citation
    [2016] NZHC 1524
    Court
    High Court

    The High Court upheld the Family Court's home schooling order and dismissed the appeal on that point because the judge properly applied ss 5 and 6 of the Care of Children Act; it varied the contact orders to allow phased increased unsupervised contact at public venues immediately and limited home unsupervised contact from a future date with a mandatory review in early 2017, balancing low assessed sexual risk against emotional safety risks arising from the mother's opposition; it refused to discharge the protection order because it remained necessary to regulate the parties' dysfunctional rela…

  • 30 Sept 2013

    G E HAMMOND v A J HAMMOND [2013] NZHC 2545

    Citation
    [2013] NZHC 2545
    Court
    High Court

    The appeal and informal judicial review were dismissed. The High Court held that (a) delay in listing the Family Court hearing did not establish that the Family Court abetted parental alienation or justify a declaration absent proper evidence and jurisdictional basis; (b) many remedies sought (counselling, bond, orders to enforce s 16(5), contact orders) were moot because appellant abandoned challenge to care and contact and the children opposed contact; (c) some issues were not before the Court or were matters to be resolved in the Family Court (costs on interlocutory strike out application)…

  • 9 Feb 2007

    C V D AND ANOR HC ROT CIV 2007-463-0057

    Citation
    openlaw-c4a7303a_58f5_47f0_abda_729faa997cd3.pdf
    Court
    High Court

    Leave to appeal was refused because the proposed appeal points were not seriously arguable and finality in the child's education was necessary; the Family Court Judge acted within statutory discretion in terminating the child's court-appointed lawyer and in assessing the father's influence, and the High Court's rules require either a litigation guardian or explicit Court authorisation for a minor to proceed in her own name.

  • 9 Feb 2007

    C V D AND ANOR HC ROT CIV 2007-463-0057

    Citation
    openlaw-06fb8a8e_4594_4e4b_8d60_2ee46bb67f7e.pdf
    Court
    High Court

    Leave to appeal was refused because the challenged Family Court findings and procedures were within judicial discretion and consistent with the child's welfare and best interests; the High Court rules require a litigation guardian unless the Court authorises a minor to proceed in own name, and the Family Court judge was entitled to terminate appointment of the child's lawyer when no useful purpose would be served and to find the child was influenced by her father such that her expressed wishes were of little weight; consequently there was no seriously arguable error warranting leave and the s…