district court logo

Carson v Holt [2021] NZFC 8280

Published 03 May 2023

Guardianship dispute — safety assessments — contact between father and child — family violence — psychological violence — relocation — Care of Children Act 2004, ss 5(a) & 59 — Family Court Act 1980, s 12A(4). These proceedings were to assess whether a five-year old child could safely have contact with the applicant, who was his father. The respondent mother believed that the applicant's parenting was unsafe and that any contact between father and child should be supervised. She alleged that the applicant had been violent throughout their relationship. The respondent denied using physical violence, but admitted to making threats and having problems with addiction. The Court found that there was insufficient evidence to support the respondent's allegations of physical violence, but did find that the applicant had at times been psychologically abusive. After observing the applicant giving evidence, the Court decided that he could have unsupervised contact with the child. The applicant was sincere, showed remorse and insight into his actions, and currently had a stable lifestyle. The Court made an order referring the parties to up to 20 sessions of free Family Court counselling, so that they could improve their relationship for the sake of the child. Judgment Date: 12 August 2021 * * * Note: names have been changed to comply with legal requirements. * * *