7 Feb 2019
There was no material change of circumstances: the first plaintiff's alleged impecuniosity was already assessed when the original order was made, the $5,000 payout of security was consensual and not material, and given the proximity of the trial, absence of a requested stay, modesty of the shortfall and ongoing payments, increased security for costs was refused.
21 Apr 2017
The High Court affirmed the Family Court: the Ministry's inability to secure stable placements in the Waikato and the demonstrable harm to the children from multiple placements amounted to a material change of circumstances permitting discharge of the placement condition under s125; discharging the condition to place the children with family in Nelson was justified as consistent with the children's paramount welfare and best interests, and the Family Court did not err in law or principle nor act plainly wrongly in exercising its discretion.
21 Feb 2017
A Family Court's refusal to grant leave under s139A is a refusal to make an interlocutory order and therefore is not appealable as of right under s143(1)-(2) nor appealable by leave under s143(3) because no interlocutory order is made; the refusal does not dismiss or finally determine the intended proceedings since those proceedings never commenced; alternatively, on the merits the Family Court correctly declined leave because the proposed relocation did not amount to a material change given the judge's findings about the mother's attitudes and the child's welfare.