Afa Ofolose v Ulani Falepe [2016] NZFC 1965

Published 30 June 2016

Final parenting order — day-to-day care — Care of Children Act, ss 5 and 6 — contact. A final parenting order for day-to-day care was made in favour of the mother and step-father. The father’s contact conditions were that he must write a letter to the child after receiving help from a counsellor. He could send gifts at birthdays and Christmas only after consulting with the mother and step-father as to their appropriateness, and telephone and face-to-face contact would occur only if instigated by the child. The child was thirteen and had not had contact with the father for some nine years. The father had taken the child to Tonga as a young baby without the mother’s permission and that had significantly affected the mother, including her willingness to acknowledge the child’s father. The child’s emotional safety was a key consideration under s 5 of the Act. **Note: names have been changed to comply with legal requirements.