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Lydia Flemming v Barry Green [2016] NZFC 4738

Published 10 October 2016

Whether children safe in father’s care — alcohol addiction — day-to-day care — contact — Care of Children Act 2004, ss 4, 5 and 6. Mother was given the ability to control father’s contact by ordering it to be ceased, suspended or supervised as she saw fit. This was an unusual order in that it provided potential uncertainty for father. However, the Judge was satisfied that mother would only invoke control with good reason (such as father relapsing in the use of alcohol or showing signs of mental illness). Evidence showed mother had extreme support for father having contact and would not elect to cease contact unless safety issues arose for the children.Judgment Date: 8 June 2016. * * * Note: names have been changed to comply with legal requirements. * * *