Published 02 August 2022
Guardianship dispute — relocation — variation of parenting order — Care of Children Act 2004, ss 4 & 5 — Kacem v Bashir [2010] NZSC 112, [2011] 2 NZLR 1 — Malcolm v Lloyd [2014] NZFC 9558. In this guardianship dispute, the mother applied for a variation of an existing parenting order to allow the parties' young son to relocate to live with her in Auckland. In determining whether the move would be in the child's welfare and best interests, the Court found that he would be safe in the care of either of the parties, and that both of the parties had strengths as parents. Further, it was necessary for the applicant to live in Auckland so that she could care for her unwell mother. However, the decisive factor was the child's need for continuity in his lifestyle, and this favoured him staying in his current location in the care of the respondent. The Court therefore decided to make a final parenting order that the child stay in the day-to-day care of the respondent. Judgment Date: 11 February 2022 * * * Note: names have been changed to comply with legal requirements. * * *
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