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Hobbs v Hobbs [2022] NZFC 8422

Published 19 January 2024

Reserved judgment — relocation — parenting orders — protection orders — care arrangements — Care of Children Act 2004 ss 4, 5, 5A & 6 — S v S [2008] NZCA 565, [2010] 2 NZLR 581 — SN v MN [2017] NZCA 289 — Taylor v Nudd [2000] NZFLR 391 (FC). The parties were a married couple with a child that had recently separated. The applicant, the mother, sought a final protection order against the respondent, the father, on the basis that there was ongoing family violence occurring. The respondent claimed that a such an order was not necessary as he was residing in America and that they were able to sustain civil and polite contact with each other regarding their child since the separation. Additionally, though there was agreement that the child remain in New Zealand under the care of the applicant, there was an issue regarding the nature of the contact that should occur with the father. To issue a protection order, the Court needed to determine three matters: that the parties had been in a relationship, that there had been family violence, and that a final protection order was necessary. The Court was satisfied that the parties had obviously been in a relationship, and that there was sufficient evidence to conclude that there had been family violence to varying degrees from the respondent over a prolonged period. On the third matter, the Court was swayed by the respondent's calm and courteous manner with the applicant post-separation and his efforts toward rehabilitation, and ultimately decided that a final protection order was not necessary. The application for a final protection order was dismissed. The Court then undertook a safety assessment for the child in the care of the father and found that the child required a relationship with the father not limited by the constraints of formal supervision, and that there were no safety concerns for the child traveling to America to visit paternal relatives. The Court made various orders as to travel and contact. The Court also discharged the order preventing removal of the child from New Zealand. Judgment Date: 25 August 2022 * * * Note: names have been changed to comply with legal requirements. * * *