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Rajan v Crosby [2017] NZFC 4064

Published 15 March 2018

Reserved judgment — relocation — cultural and religious identity of child — Care of Children Act 2004. The applicant wished to relocate with the parties' daughter, the respondent opposed the move. The applicant sought to relocate as she had extended family support available in the proposed location, would have more flexible work hours and that geographical distance between herself and the respondent would reduce ongoing conflict; the respondent opposed the relocation as it would jeopardise the child's relationship with him and his family and would prevent the child from strengthening her cultural identity. The court noted that the child's cultural identity was especially important as the child was of mixed ethnic and religion heritage. The court agreed with the respondent that cultural identity "is gained by living the culture". The court found that relocation carried a significant risk to the child's preservation and strengthening of her identity, in particular the religious heritage from her father's side. The court found that the advantages of relocation were significantly outweighed by the disadvantages and that the relocation was not in the best interests of the child. The relocation was not permitted and care arrangements were made in respect of the child. Judgment Date: 1 June 2017. * * * Note: Names have been changed to comply with legal requirements * * *