Relocation — day to day care — views of child — safety of children — Care of Children Act 2004, s 5 — Kacem v Bashir [2012] NZSC 112, [2011] 2 NZLR 1, (2010) 28 FRNZ 483 — S v O [2006] NZFLR 1, (2005) 25 FRNZ 259. This was an application to determine the day to day care of a child and which country to reside in. The applicant mother sought an order to relocate the child back to Canada, where the parties previously resided. The respondent father, a New Zealand citizen, wanted the child to stay in New Zealand with him. The respondent came to New Zealand with the child under the pretense that he would work on the applicant and her children's resident visa applications. However, due to COVID and the respondents' new relationship, there was no progress. The applicant had exhausted all other options for residency. There was a discussion as to which location would be in the best interests of the child. The respondent had stated that the applicant had mental health issues that had been harmful to the child. The Court found differences between the respondent's claims and the counselors who examined the applicant. The applicant had suffered from bulimia but had continued to work through it and she had been drunk on occasions but not as excessively as described by the respondent. It was found the respondent's claims had exaggerated the applicant's mental health problems and the lack of support she would have back in Canada. The applicant had expressed that she would foster a good relationship between the respondent and the child. The Judge was not confident that the respondent would do the same. The Judge ordered for the relocation to Canada and granted the day to day care to the applicant. The Judge also ordered the child to travel to New Zealand four weeks out of each year to spend time with the respondent so long as it did not interrupt the Canadian school year. The cost would be split equally between the parties. Judgment Date: 11 Feb 2022. * * * Note: names have been changed to comply with legal requirements. * * *