New Zealand Case Law: Decisions & Judgments

Topic

Shared care

Legal area

Court

17 May 2021

DN v AN [2021] NZHC 1093

Citation

[2021] NZHC 1093
Court

High Court

Given proven history of family violence, findings that the father exercised inappropriate power and control, his lack of insight into harm caused, evidence he had influenced the elder child's views and breached conditions against discussing adult issues, and the high ongoing parental conflict, shared care or parallel parenting was impracticable and would likely expose the children to unacceptable risk; consequently a day-to-day care order to the mother with continued substantial and structured contact to the father best protected the children's welfare and best interests.
30 Apr 2018

COOKSON v AHERN [2018] NZHC 857

Citation

[2018] NZHC 857
Court

High Court

The High Court allowed the appeal in part and substituted the Family Court's figure of $25,350 with the parties' pragmatically agreed IRD calculation of $20,519.48 for the 2018 financial year, on the basis that the IRD review and parties' memorandum established the correct computation for the relevant factors.
14 Nov 2014

SHAW v BROWN [2014] NZHC 2843

Citation

[2014] NZHC 2843
Court

High Court

Although the Family Court made some factual errors, its overall conclusion that continuing week-about shared day-to-day care reflected the children's predominant experience and best interests was supportable; however the Family Court erred in making that assessment without up-to-date expert psychological assessment of L's behavioural problems (including bedwetting), so the matter must be remitted for a specialist report before final orders are confirmed.
2 Dec 2009

CAC V KFO HC TAU CIV 2009-470-745

Citation

openlaw-45ff235f_45ca_41cf_bf0b_ab9569b0e143.pdf
Court

High Court

Judge Somerville's incremental orders permitting supervised progression to overnight contact were within judicial discretion, were based on factual findings including the father's improvements, and were not shown by the appellant to be contrary to the children's best interests; the only justified variation was to remove the requirement to return Campbell after three days so all three children share the same contact regime.

New Zealand Case Law

DN v AN [2021] NZHC 1093

COOKSON v AHERN [2018] NZHC 857

SHAW v BROWN [2014] NZHC 2843

CAC V KFO HC TAU CIV 2009-470-745