district court logo

Mortimore v Sherman [2021] NZFC 8191

Published 17 August 2022

Application for orders — guardianship — trial schooling — Care of Children Act 2004, ss 4, 5, 6, 15, 16 & 46R — Kacem v Bashir [2010] NZFLR 884 — Brown v Argyll [2006] NZFLR 705 — Brookers Family Law Volume I, CCIntro.02. The parties had previously been married and had a teenage son (the child), who they had shared care of via a parenting order. The applicant father planned to move to another city with his new wife and two children, and wanted the child to make the move with him. The applicant applied for an order that the child attend a school near his new planned residence. The respondent mother opposed the application. The Court decided to make timetabling directions allowing the applicant to file an application to vary or discharge the parenting order. However the application for a schooling order was unable to be heard while the current parenting order remained in place. The Court observed that it would not have granted the application had it had jurisdiction to do so, because it would have meant requiring the child to leave his home, school and friends to live in cramped temporary accommodation while the applicant finished building his new home. The proceedings concluded with the Court making orders and directions for a further hearing to determine the matter. Judgment Date: 10 August 2021 * * * Note: names have been changed to comply with legal requirements. * * *