19 Jul 2018
NIKAU v NIKAU [2018] NZHC 1862
- Citation
- [2018] NZHC 1862
- Court
- High Court
The High Court quashed the Family Court order because the Judge gave determinative weight to ss 5(e) and 5(f) (preservation of whānau relationships and cultural identity) and failed to appropriately balance those against s 5(a) (safety) and s 5(b) (primacy of parental responsibility); on rehearing the correct balance favoured placing the child in the day-to-day care of her birth parents with specified contact for the whāngai parents and refusal to appoint additional guardians.