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Marlene Bell v Herbie Salvage [2016] NZFC 1517

Published 31 July 2016

Parenting order — Care of Children Act 2004, ss 4, 5, 6. A parenting order was made for two children, directing that one would live in the day to day care of the father, and the other with the mother. The father sought an order that both children be placed in his day to day care. The father sought the order because the mother worked as a sex worker from the house in which the child lived, threatened suicide, and was allegedly physically violent towards the child. The mother suffers from mental health difficulties and post traumatic stress disorder as a result of historic sexual abuse. In making the order for each parent to care for one child, the Judge took into account that his decision must be in the best interest of the children’s welfare under s 4 of the Act. The principles of s 5 were relevant in determining this, as were the opinions of the children, under s 6. After weighing up the factors the Judge determined the mother’s difficulties were not so overwhelming as to justify the younger child to be transferred to the father’s care. **Note: names have been changed to comply with legal requirements.