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May v Joyce [2017] NZFC 2038

Published 01 November 2017

Reserved judgment — contempt — admonishment — Care of Children Act 2004, s 68— District Courts Act 1947, s41 — District Court Rules 2014, r 214 FCR — R v Hill [1986] CLR 475 — KLP v RSF (Contempt of Court) [2009] NZFLR 833. The respondent mother relocated with the parties' child in breach of a court order. The court considered it's power to admonish a party under the Care of Children Act. The mother had previously sworn that she would not unilaterally relocate with the child, and had since moved the child back within the specified area, but no order was made to prevent the relocation. The court recorded a formal admonishment against the mother in relation to the relocation. The court examined it's jurisdiction in relation to contempt outside of the courtroom. The court referenced the decision of the High Court in "KLP v RSF" and discussed whether the misleading behaviour of the mother was sufficient to amount to contempt. The court noted that the events had arisen during the course of proceedings, and that the actions of the mother had had a significant impact on the child but found that the court did not have a residual power to find contempt in the terms defined within the District Courts Act and dismissed the application for a finding of contempt. Judgment Date: 29 March 2017. * * * Note: Names have been changed to comply with legal requirements * * *