New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Parental contact

  • 27 Feb 2019

    SDE v SM [2019] NZHC 283

    Citation
    [2019] NZHC 283
    Court
    High Court

    The High Court dismissed the appeal and upheld the Family Court's discharge of the guardianship order because the child, nearly 17, was mature, settled at school, opposed continuation of the order and wished to control contact with her father; there was no cogent evidence of current safety risk sufficient to justify retaining court guardianship, expert advice indicated compulsion would harm the child's welfare, and the Court must give considerable weight to the views of an older child.

  • 10 Sept 2013

    ABBOTT v BLAIR [2013] NZHC 2358

    Citation
    [2013] NZHC 2358
    Court
    High Court

    Because the Family Court's relocation decision materially depended on the respondent's asserted emotional state and the asserted benefit to the child, and the existing evidence of that emotional state was not sufficiently compelling on its face, the High Court set aside the relocation order and referred the matter back to the Family Court for reconsideration after the production of a report from a suitably qualified expert addressing the respondent's emotional state, its effect on the child, and the likely benefits of relocation.