New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Schooling dispute
  • 21 Jun 2023

    Turner v Turner [2023] NZHC 1553

    Citation
    [2023] NZHC 1553
    Court
    High Court

    Leave to appeal was granted but on rehearing the appeal was dismissed because, while the Family Court erred in characterising the father's proposals as a 'backdoor' residence change, the welfare assessment favoured maintaining children at their current schools: material risk existed that the father could not sustainably meet substantial independent school fees and the proposed change would materially jeopardise the mother's employment and therefore the children's welfare; these risks outweighed benefits of reduced travel and the childrens' expressed preferences in the high-conflict context.