Allen v Wade [2017] NZFC 8126

Published 08 August 2018

Application to appeal interim orders — application for stay of orders — leave to apply out of time — care arrangements. The applicant mother sought leave to appeal against interim orders; leave to apply out of time and for a stay of the orders made in [2017] NZFC 5189. The court granted the leave to appeal with reference to the factors set out in "Malone". The application for a stay was declined with regard to the overriding consideration of the child's welfare. Staying the orders and resuming shared care arrangements would be a shock to the child and that "his welfare and best interests demand his improved relationship with his father" should not be placed at risk. Judgment Date: 9 October 2017. * * * Note: Names have been changed to comply with legal requirements * * *