Published 17 August 2022
Childcare arrangements — psychological abuse — polyamory — polyamorous relationship — Care of Children Act 2004, ss 4, 5, 6, 133 & 146G — Family Violence Act 2018, ss 9 & 11 — SN v MN [2017] NZCA 289 — M v Y [1994] 1 NZLR 527 — Kacem v Bashir [2010] NZSC 112, [2011] 2 NZLR 1. These proceedings were to determine childcare arrangements for two stepsiblings and whether the children had been subjected to psychological abuse. The father (the first respondent) of one child and the mother (the second respondent) of the other child were married and lived together, but were in a polyamorous relationship and had other sexual partners. It was alleged that the two children had been exposed to sexual activity while in the respondents' care, and that the respondents prioritised their own needs over those of the two children. The Judge considered the evidence from the parties, the children, and various other witnesses and concluded that it was likely that the children had been exposed to sexual activity while in the respondents' care and it was impacting on them. The Judge imposed parenting orders for each child with conditions, one being that neither child be exposed to nor educated on the respondents' polyamorous lifestyle. Judgment Date: 4 August 2021. * * * Note: names have been changed to comply with legal requirements. * * * Note: this judgment has been appealed RM v JB [2022] NZHC 1126.
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