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Lyon v Wilson [2017] NZFC 1908

Published 01 November 2017

Reserved judgment — relocation — best interests of child — Care of Children Act 2004. The mother wished to relocate from Auckland to the Waikato with her daughter, the father opposed the move, seeking either week about care, or day-to-day care in the event that the mother did relocate. The mother's position was that she would relocate, and the court was to determine who's day-to-day care the child should be in. The court found that the parents were unable to establish a co-operative approach to shared care, and that the father had consistently sought shared care. The court found that the family support that the mother claimed that she would have in the Waikato was not as close as to support day to day support of the mother. In determining that the father should have day-to-day care of the child in the event that the mother relocated to the Waikato, the court noted it's limited ability to clearly predict the best of the two outcomes for the child. The court found that there was no significant advantage for the child if she relocated to the Waikato, that the mother would have an economically viable future in Auckland, and that the father was more likely to support the child's relationship with the other parent than the mother was. The court made orders relating to the child's care, including orders placing her in the day-to-day care of her father in the event that the mother relocated. Judgment Date: 15 March 2017. * * * Note: Names have been changed to comply with legal requirements * * *