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Westbrook v Mills [2023] NZFC 8462

Published 28 February 2024

Reserved judgment — parenting orders — care arrangements — psychological abuse — physical abuse — alcohol — Care of Children Act 2004 ss 4, 5(a), 6, 46G, 48 & 50 — UN Convention on the Rights of the Child 1989, art 12. The parties were the parents of two children. The applicant mother applied to the Court to vary the existing parenting orders and vest the day to day care of the children with her. The applicant provided photographs and video clips showing the respondent father, their daughter and the daughter's friends getting drunk together, and the respondent behaving inappropriately toward the girls. There was also evidence that both the applicant and the respondent physically assaulted the children and were psychologically abusive by calling them names and threatening to kill themselves. The Court found that the respondent had no insight as to the problematic use of alcohol in his household. He was denying that his consumption was excessive and saw no issue with supplying teenagers with alcohol. It was reasoned that due to the abuse from both parties neither parent was completely safe for the children, and that the issue in this hearing was choosing the least damaging option. Taking into account the views of the children, the Court found that it was in the best interests of the older child to not make a parenting order in relation to her. A parenting order was made for the younger child, vesting day to day care in the applicant, with contact with the respondent every second weekend. Judgment Date: 15 August 2023. * * * Note: names have been changed to comply with legal requirements. * * *