New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Schooling placement

Legal area

Court

21 Nov 2018

K v P [2018] NZHC 3027

Citation

[2018] NZHC 3027
Court

High Court

The High Court upheld the Family Court's orders because, applying the s4/s5 welfare assessment to the child's particular circumstances, the primary school placement in suburb X and the three‑week shared care cycle promoted continuity, reduced disruptive travel, preserved and balanced relationships with both family groups and biological sibling, and were therefore in the child's best interests; the overseas travel limit was amended to allow 21 days during the six‑week Christmas vacation to enable meaningful contact with overseas family.
19 Dec 2016

KYLE v BOWEN [2016] NZHC 3144

Citation

[2016] NZHC 3144
Court

High Court

Leave to appeal was granted because primary school placement has medium/long‑term implications; although the Family Court Judge erred by treating s5(e) and s5(f) as having been satisfied without further inquiry and by over‑emphasising the mother's stability under s5(d), on a full reassessment the child was settled at B school, continuity of care and the ability of both schools to support cultural identity meant remaining at B school was in the child's best interests; appeal dismissed.