22 Jan 2010
L V B HC AK CIV 2009-404-005482
- Citation
- openlaw-68f70a73_2193_4eef_ab27_bcaa36842210.pdf
- Court
- High Court
The trial judge made material factual errors and failed adequately to take into account the child's ascertained views and the s 5(b) and s 5(d) continuity principles; those errors led to an incorrect welfare assessment supporting relocation. The High Court allowed the appeal, discharged the relocation and related parenting orders, ordered the child to remain and attend school in Auckland, and remitted day-to-day care and contact to the Family Court for determination.