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Fuller v Rush [2019] NZFC 6119

Published 19 April 2021

Care and contact arrangements — guardianship dispute — name of child — welfare and best interests of child — Care of children Act 2004, ss 4, 5, 6, 46R & 48. The parties were in a dispute over the care and contact arrangements of their child, as well as the child's name. The mother alleged the father had been physically and psychologically violent; the father admitted the mother made him become a violent man, but denied all specific allegations of abuse she raised. The Judge believed the mother was overly emotional and favoured the father's evidence. Contact with the father was to progress to a shared care arrangement over six months. The parents could not agree over middles names or the child's surnames. Instead of letting each parent choose a middle name and last name, which would be an unwieldy five-name burden for the child, the child would have a hyphenated last name made up of each parties' surname, and no middle name. Judgment Date: 6 August 2019. * * * Note: names have been changed to comply with legal requirements. * * *