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Wescott v Wescott [2021] NZFC 3733

Published 07 December 2021

Application for relocation — parenting order — Care of Children Act 2004, ss 46R & 47 — Family and Conciliation Courts Review, Vol. 38 No. 3, July 2000 297-311, Joan B Kelly and Michael E Lamb — Kacem v Bashir [2010] NZSC 112, [2011] 2 NZLR 1 — D v S [2002] NZFLR 116 (CA), (2001) 21 FRNZ 331 (CA) — S v O (Relocation) [2006] NZFLR 1 (HC), (2005) 25 FRNZ 259 (HC) — S v L (Relocation) [2008] NZFLR 237 (HC) — Fletcher v McMillan [1996] 2 NZLR 491 — Sime v Redshaw [2005] NZFLR 511, (2005) 23 FRNZ 912. The proceedings were brought to finalise an earlier interim relocation order, and settle an application for a parenting order. The applicant mother (as the primary caregiver since the birth of the child) applied for permission to relocate with the parties' child to be closer to her family, pursuant to a written agreement which the parties negotiated before she relocated. The respondent father wanted to have a greater role in the child's life, and proposed that the applicant return with the child. Counsel for the child submitted that neither party's care proposals met the child's need to have frequent contact with both parent, but the child's primary attachment was with the applicant mother and this relationship should not be disrupted. In order for a court to grant permission for relocation, it had to take into account the principles and considerations in ss 4, 5 and 6 of the Care of Children Act. A child's welfare and best interests were paramount. The Judge considered that the applicant mother would encourage and facilitate ongoing contact with the respondent. It was noted that the respondent father had not maintained contact with the child in the lead up to the proceedings, or made enquiries about moving his job to be closer to his child. The Judge considered the s 5 principles and noted that they were best met by the child remaining with the mother. The Judge made a final parenting order in favour of the mother, and directed counsel to form a framework for a final parenting order for contact with the father. Judgment Date: 20 April 2021 * * * Note: names have been changed to comply with legal requirements. * * *