Jeanette Ness v Joel Ness [2016] NZFC 2078

Published 31 July 2016

Discharge of temporary protection order — domestic violence — Domestic Violence Act 1995 — care of children — unsupervised care arrangements — Care of Children Act 2004. A temporary protection order against the respondent was discharged and by consent the applicant’s final protection order application was discontinued. Respondent’s counsel notified the Judge that charges of male assaults female and threatening to kill (which the respondent faced in the criminal court) had been withdrawn and replaced with a less serious charge of assault. This followed discussions with police and the submission of a new summary of facts, containing less serious violence. The applicant no longer felt she required protection. In relation to the Care of Children Act proceedings, the applicant believed that the respondent could now care for the children unsupervised. Rather than requiring a safety hearing the Judge ordered counsel to file a memorandum addressing care and contact arrangements and factors relating to the children’s safety for a chambers determination. **Note: names have been changed to comply with legal requirements.