Morgan v Palmer [2016] NZFC 10544

Published 16 April 2019

Relocation — care arrangements — protection order — international relocation — job opportunities — family support — attachment of child to parent — best interests of child — child's views — opposition to relocation — Care of Children Act 2004, ss 5 — Malcolm v Lloyd [2014] NZFC 9558 — Brown v Argyll [2006] NZFLR 705. The applicant mother sought to relocate to a foreign country with three children as the employment opportunities in her industry were more readily available and better remunerated there. The applicant also believed that relocation would reduce the conflict between the parties. The father opposed the application and sought parenting orders that would increase his contact with the children. The Court took into consideration the views of a clinical psychologist and those of the children. One of the three children was strongly opposed to the prospect of the relocation, which gave the Court pause. Other factors taken into consideration was the father's capacity to care for the children as a result of his medical situation, each parent's bonding with the children, the availability of family support and the level of conflict that existed between the parties. The Court found that it was in the best interests of the children and the mother to grant to application for relocation. Parenting orders were made to govern the father's contact with the children while the children lived overseas. Judgment Date: 16 December 2016. * * * Note: Names have been changed to comply with legal requirements * * *