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Starr v Webster [2023] NZFC 5116

Published 19 January 2024

Guardianship — guardianship information — contact — whāngai — tikanga — Care of Children Act 2004 ss 4, 4R, 6, 16 & 17 — Family Violence Act s 4 & 9, 10 & 11 — R v Webster [2021] NZHC 1016— K v B [2010] NZSC 112 — Temple v Barr HC Wellington CIV-2010-485-561, 24 August 2010 — D v N [2017] NZHC 1211, [2017] NZFLR 426 — Hopkins v Jackson [2022] NZHC 2649 — Nikau v Nikau [2018] NZCA 566 — Police v Webster [2018] NZDC 13556. The respondent had been sentenced to 15 years imprisonment on 16 counts of sexual violation, one count of kidnapping and other lesser charges. The applicant was one of his victims. The respondent sought guardianship information about the parties two children and the applicant's separate child. The main issues were the frequency of medical and educational updates to be provided for the respondent, and his contact with the children. The Court made the order for the applicant to send the respondent annual health and education updates regarding the children but identifying information would be redacted. The children either had no memory of the respondent or did not want contact with him and the respondent had previously sent inappropriate drawings of celebrities in provocative poses. The children's welfare and best interest was in favour of having no contact with the respondent. Judgment Date: 18 May 2023 * * * Note: names have been changed to comply with legal requirements. * * *