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Eric Dennell v Jewel Spear [2016] NZFC 1746

Published 31 July 2016

Parenting order — Care of Children Act 2004, ss 5(e), 6. An interim parenting order setting out the contact four children were to have with their father was made. Resistance amongst the children about seeing their father made the Judge’s decision one of careful balance. Under s 6 of the Act the viewpoint of the children was to be taken into account. Although there was a clear tension between that viewpoint, especially the oldest child’s, and the s 5(e) principle that children should continue to have a relationship with both their parents. In light of the above, the Judge was aware that if contact was too frequent, the frequency itself could become a barrier to developing and strengthening the relationship. Finally the Judge made clear that the order was not to be breached without repercussion. **Note: names have been changed to comply with legal requirements.