21 Feb 2017
Roche v Jansen [2017] NZHC 207
- Citation
- [2017] NZHC 207
- Court
- High Court
A Family Court's refusal to grant leave under s139A is a refusal to make an interlocutory order and therefore is not appealable as of right under s143(1)-(2) nor appealable by leave under s143(3) because no interlocutory order is made; the refusal does not dismiss or finally determine the intended proceedings since those proceedings never commenced; alternatively, on the merits the Family Court correctly declined leave because the proposed relocation did not amount to a material change given the judge's findings about the mother's attitudes and the child's welfare.