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Mangan v Rossborough [2019] NZFC 157

Published 27 September 2019

Guardianship — dispute over schooling — religion — strengthening relationship with parent — Care of Children Act 2004, ss 4, 5, 6, 15, 16 & 46R — L v O [2010] NZFLR 476 — Burch v Hewlett [2016] NZHC 365 — O v S [1992] NZFLR 623 — Bashir v Kacem [2010] NZCA 96 — Kacem v Bashir [2010] NZSC 1112. The parties were in a guardianship dispute over which intermediate school their two sons were going to attend. The applicant father wanted the boys to attend a non-denominational school while the respondent mother wanted them to attend a Christian school, in line with her own and the boys' religious values. The father's relationship with the boys was fragile and had been exacerbated by the fact he was not religious. Factors in favour of the non-denominational school were that the father would feel more welcome being involved in the boys' education, their relationship would be strengthened and it was located closer to both parties' homes. On the other hand, the boys wanted to attend the Christian school and it had smaller class sizes. The Judge found that attending a non-denominational school would not endanger the boys' religious preferences as they would still attend Church and practice in their mother's home. At this point in time, it was more important to preserve and strengthen the relationship between the boys and their father. It was ordered that the boys would attend the non-denominational school. Judgment Date: 14 January 2019. * * * Note: names have been changed to comply with legal requirements. * * *