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Drake v Drake [2021] NZFC 10554

Published 11 March 2024

Determination — safety hearing — alleged assault on child. This was a safety hearing to determine what contact a child should have with his father. The matter arose after the child returned from a stay at the father's house and made the allegation that the father had strangled him. After the allegation surfaced police had interviewed the child, but had taken no further action. The Court reviewed the evidential interview and other evidence, and found that there had been a confrontation of some kind between the father and child. The Court was unable to determine whether there had been an incident of strangulation. The father needed to improve his skills at dealing with the child when he was upset, but the Court found that the father was not a danger to the child and should be allowed continued contact. However contact between the father and child had to be re-established gradually to allow them to become comfortable with one another. Both parents were directed to communication counselling. Judgment Date: 22 October 2021. * * * Note: names have been changed to comply with legal requirements. * * *