New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Child welfare and best interests

  • 17 Apr 2023

    ROSS v RICHARDS [2023] NZHC 797

    Citation
    [2023] NZHC 797
    Court
    High Court

    The High Court dismissed the appeal because the Family Court judge correctly applied the Care of Children Act by making the child's welfare and best interests paramount, properly having regard to the principles in s5 and the child's views under s6, reasonably assessing parental resources and capacities on the evidence, legitimately considering immigration implications as relevant to the child's welfare, and properly declining a s133 psychological report where criteria were not met; the appellant did not discharge the onus to show error.

  • 27 Feb 2019

    SDE v SM [2019] NZHC 283

    Citation
    [2019] NZHC 283
    Court
    High Court

    The High Court dismissed the appeal and upheld the Family Court's discharge of the guardianship order because the child, nearly 17, was mature, settled at school, opposed continuation of the order and wished to control contact with her father; there was no cogent evidence of current safety risk sufficient to justify retaining court guardianship, expert advice indicated compulsion would harm the child's welfare, and the Court must give considerable weight to the views of an older child.