New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Shared parenting

  • 8 Sept 2010

    K V B SC 37/2010

    Citation
    SC 37/2010
    Court
    Supreme Court

    The Supreme Court dismissed the appeal because the Court of Appeal correctly applied the Care of Children Act 2004, correctly conducted an individualised, evaluative assessment of the s 5 principles (giving mandatory effect to safety where relevant and appropriate emphasis to parental relationships within s 5(b)) and reached a well‑substantiated conclusion that the children's welfare and best interests were served by remaining in New Zealand under the shared parenting arrangements; any ambiguous language in the Court of Appeal's reasons did not amount to a material error requiring remittal.

  • 25 Mar 2010

    B V K CA585/2009

    Citation
    openlaw-062c4ed9_ca04_4d82_bd7b_2476a0329cc3.pdf
    Court
    Court of Appeal

    The Court of Appeal allowed the father's appeal, quashed the High Court's orders authorising relocation and restored continuation of the Family Court shared parenting arrangements because, on an evaluative s 5 analysis, continuity and maintenance of meaningful relationships with both parents (especially the father's ongoing close relationship and daily involvement) outweighed the benefits of relocation; parental conflict did not justify relocation where shared arrangements were working and there was no safety risk under s5(e).

  • 23 Oct 2009

    SCS V GMS CA CA524/2009

    Citation
    openlaw-92a56e7f_0eb4_4737_9943_a7af297dcb9e.pdf
    Court
    Court of Appeal

    Leave to appeal was declined because the appeal was premature: the Family Court had not made final factual determinations, further evidence and updated reports were required, and the issues risked producing an advisory opinion. The Family Court is the appropriate forum to resolve the factual and welfare issues for the children and to determine relocation and day-to-day care.