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Tyler Stanton v Linda Reed [2016] NZFC 1888

Published 31 July 2016

Variation of parenting order — Care of Children Act 2004, ss 4, 5, 6. An application for variation of parenting order was granted, placing the child in the day to day care of his father. The child had been in the care of the mother, who had three younger children with another partner. The child expressed his desire to live with his father, and that he had been struck by the mother’s partner with a spatula. Making his decision for the child’s welfare and best interests under s 4, the Judge found the s 5 principle that a child must be protected from all forms of violence from all persons was particularly relevant. There were clear risks in this regard if the child remained living with the mother. The order made was in line with the child’s views under s 6 of the Act. **Note: names have been changed to comply with legal requirements.