Application for relocation — welfare and best interests — Care of Children Act 2004, ss 3, 4, 5, 6 & 46R — Evidence Act 2006, ss 9 & 18 — Kacem v Bashir [2010] NZCS 112 — Brown v Argyll 2006 26 FRNZ 383 (Priestley J), [2006] NZFLR 705 — D v S [2002] NZFLR 116 (CA), (2001) 21 FRNZ 331 (CA) — S v O (Relocation) [2006] NZFLR 1 (HC), (2005) 25 FRNZ 259 (HC) — S v L (Relocation)[2008] NZFLR 237 (HC), (2007) 26 FRNZ 684 (HC). The proceedings were brought by the applicant father, who sought to prevent the respondent from returning to Australia with their child. The parties had met while living in Australia and shared the care of their child for a year, until the applicant returned to New Zealand to live with whanau. The respondent followed, and lived with the applicant for some months until this arrangement became untenable, and the respondent decided to relocate back to Australia. While the applicant had initially agreed to the relocation, he was later advised of his rights and sought orders preventing the child's removal from New Zealand. Section 4 of the Care of Children Act requires the welfare and best interests of the children to be the first and paramount consideration. Section 5 lists factors that the Judge must take into consideration when making a decision; in particular the children's safety must be ensured. Section 6 requires the Judge to consider the views of the children (although these views are not determinative). The Court addressed safety concerns for the child, concluding that the applicant had completed anger management and parenting programmes to satisfaction. The Judge questioned the merit and practical consequences of the mother's wish to relocate, and concluded in favour of continuity of present care arrangements and strengthening of the child's relationship with the father. The interim orders were discharged, and a final order was made directing the child's primary place of residence to be in New Zealand. Judgment Date: 19 April 2022 * * * Note: names have been changed to comply with legal requirements. * * *