White v Portillo [2017] NZFC 7294

Published 15 May 2018

Application to discharge temporary protection order — application for final parenting order — domestic violence — violence by women. The court was asked to determine two applications in respect of the parties. The first application was to discharge a temporary protection order made in the applicant's favour, which was not opposed by the respondent. The second application was in respect of a final parenting order regarding the parties' child. In respect of the first application, the court noted the violence demonstrated by both parties. The court further noted that the temporary order was unlikely to have been made on a without notice basis had the court been aware of the full extent of the applicant's violence towards the respondent. The court found that a final order was not required given the applicant's wishes, the violence meted out by both parties and the respondent's attendance at a Stopping Violence course. The final order was not made. In respect of the second application, the court noted that both parties agreed that the child should be in the day-to-day care of the applicant. The court acknowledged the recognition of both parties that the violence that featured in their relationship. The court expressed a concern that the applicant had not taken any steps to address her propensity to violence and made an order that she undertake a course to address it. A final parenting order was made in favour of the applicant having day to day care of the child, conditional on the mother attending a stopping violence course as well as other conditions. Judgment Date: 8 September 2017. * * * Note: Names have been changed to comply with legal requirements * * *