New Zealand Case Law: Decisions & Judgments

Topic

Interim parenting orders

Legal area

Court

22 Feb 2023

HARRIS v THE FAMILY COURT AT AUCKLAND [2023] NZHC 258

Citation

[2023] NZHC 258
Court

High Court

The High Court dismissed the judicial review application: the 23 March 2020 without notice interim orders were lawful and appropriately made on the evidence and urgency then available, there was no established misrepresentation by the applicant that would set aside the orders, the 10 December 2020 submissions-only decision and the February 2021 reasons were not irrational or unlawful in context, the 6 July 2021 decision refusing recall or leave to appeal was not shown to be unreasonable, and late post-hearing affidavits and proposed evidence were not admitted because they were neither fresh n…
24 Mar 2022

G S v THE FAMILY COURT AT MANUKAU [2022] NZHC 555

Citation

[2022] NZHC 555
Court

High Court

Judicial review dismissed. Court found no reviewable error in the contested Family Court decisions overall; two limited procedural findings: (1) November 2019 directions conference conducted in the applicant's absence breached natural justice but relief declined because of delay and events overtaking the matter; (2) Judge's statement as to automatic effect of the second temporary protection order on contact was an error of law but was corrected; allegations of judicial bias/predetermination were dismissed.
10 Aug 2021

G v M [2021] NZHC 2066

Citation

[2021] NZHC 2066
Court

High Court

The appeal was allowed by consent and the Family Court final parenting order was discharged and replaced with court‑supervised interim parenting orders because the Family Court had jurisdiction under s49 of the Care of Children Act to make interim orders where they better serve the child's welfare, the High Court had appellate power under r20.19 to substitute orders the lower court could have made, and the updated s133 psychological report supported a therapeutic, gradual reunification under court oversight as being in the child's best interests.
27 Jul 2018

ALLEN v WADE [2018] NZHC 1880

Citation

[2018] NZHC 1880
Court

High Court

Given the totality of the evidence (prior judicial findings, psychological reports and contemporaneous conduct) the Judge correctly concluded the child's estrangement was due to post‑separation parental rejection/alienation driven by the mother's conduct rather than realistic estrangement arising from proven risk posed by the father; the father had demonstrated insight and therapeutic progress making him the appropriate interim day‑to‑day carer; there was no appearance of bias sufficient to vitiate the decision; and a fresh s133 psychological report was not essential in the circumstances and…
27 Jun 2018

BL v AG [2018] NZHC 1581

Citation

[2018] NZHC 1581
Court

High Court

The stay was refused because the variation (one additional week of travel) was a minor, justifiable change to interim orders made in the children's welfare interests; the Family Court judge had reasonably weighed the competing factors (including whakapapa and identity benefits, schooling impact and children's views), there was no jurisdictional bar or abusive process warranting a stay, and the advantages to the children outweighed the disruption to routine.
9 Jun 2014

MALONE v AUCKLAND FAMILY COURT & MALONE [2014] NZHC 1290

Citation

[2014] NZHC 1290
Court

High Court

Judge Adams did not err in refusing leave to appeal under s143(3): he directed his mind to the child's welfare, relied on non-partisan material showing the child was settling, appropriately discounted partisan expert evidence, and correctly applied the gate-keeping role for interlocutory appeals; even if error existed, relief would be denied in the exercise of discretion because of imminent substantive hearing, lack of irreparable harm, risk of satellite litigation and weak evidential basis for altering interim arrangements; judicial review dismissed and costs awarded to respondent.

New Zealand Case Law

HARRIS v THE FAMILY COURT AT AUCKLAND [2023] NZHC 258

G S v THE FAMILY COURT AT MANUKAU [2022] NZHC 555

G v M [2021] NZHC 2066

ALLEN v WADE [2018] NZHC 1880

BL v AG [2018] NZHC 1581

MALONE v AUCKLAND FAMILY COURT & MALONE [2014] NZHC 1290