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Stacey Bailey v Damian Lyle [2016] NZFC 3764

Published 03 November 2016

Whether child safe in father’s care — unsubstantiated allegations of sexual abuse —protection order — psychological abuse— Domestic Violence Act 1995, ss 3, 5, 7 and 14 — Care of Children Act 2004, ss 5 and 59. A protection order was made against the mother to protect the father from psychological abuse (DV Act, ss 3 and 14). While the Judge was satisfied that no safety contact existed for the child when in the father’s care, because of the irregular nature of the contact during proceedings, a period of settled supervised contact was needed before contact became unsupervised (COCA, ss 5 and 59). Allegations of sexual abuse were unsubstantiated and the father’s mental health did not pose an unacceptable risk to the child; evidence was that “anxiety disorders, like any other form of mental disorder, do not preclude people from being parents or parenting effectively and well”. * * *Note: names have been changed to comply with legal requirements. * * *