20 Jul 2022
FRANSSON v FRANSSON [2022] NZHC 1749
- Citation
- [2022] NZHC 1749
- Court
- High Court
The Family Court erred by applying a strike out test under r193 without applying the statutory COCA threshold in s140; COCA proceedings can only be summarily dismissed under the criteria in s140 and interlocutory strike out that makes decisive factual findings is inappropriate. On the facts and exercising the High Court's appellate powers the Court dismissed the relocation application under s140(a) because continuation of the proceedings was clearly contrary to the children's welfare and best interests given the settled circumstances, remote prospect of relocation and likely destabilising del…