25 May 2011
MILLETT v CLYDE HC WN CIV-2011-485-000111
- Citation
- openlaw-7b4efa31_c6a7_46b5_ba24_94e7f374de73.pdf
- Court
- High Court
On appeal by way of rehearing the court must apply ss 4 and 5 of the Care of Children Act 2004 in a fact‑specific inquiry without presuming against relocation; given the particular circumstances (notably the new baby sibling in Auckland, the boys' adaptability and expert evidence they can thrive in either location) the Judge correctly balanced s 5 factors and the parenting order granting the mother day-to-day care and relocation to Auckland was not wrong.