15 Oct 2019
KFW v KBW [2019] NZHC 2621
- Citation
- [2019] NZHC 2621
- Court
- High Court
Appellate court found the Family Court erred in concluding a final protection order was unnecessary; having found past physical and psychological abuse and that the applicant reasonably feared future violence, the evidential burden shifted to the respondent but the countervailing factors he relied on (new relationship, cooperative proximity, compliance with temporary order) were insufficient to displace the need for protection. The High Court therefore allowed the appeal and made the final protection order for the applicant and the children.