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Avidan v Avidan [2023] NZFC 4415

Published 26 March 2024

Reserved judgment — application for relocation — parenting orders — Care of Children Act 2004 ss 5, 6 & 46R. This was an application by the father for the parties' youngest child to move to Australia to live with him. The applicant claimed that since both he and the child were deeply religious, it would be in the child's best interest to move to Australia where there was a stronger Jewish community and better Jewish schools. The applicant also claimed that the children were not getting enough support and care from the respondent. The respondent claimed that the applicant had constantly undermined her and portrayed her to the children as "morally unsound". The Court was bound by s 5 of the Care of Children Act to take into account the views of the children. The child was very clear in his preference to live in Australia to be closer to family and live a more Jewish lifestyle. The Court found that on the balance of probabilities the child's long term welfare and best interests would be more likely to be met in Australia. Orders were made giving the applicant day-to-day care of the child in Australia, with provisions allowing contact with the respondent during the school holidays. Judgment Date: 27 April 2023. * * * Note: names have been changed to comply with legal requirements. * * *