Parenting order — day-to-day care — alcoholism — psychological abuse — Care of Children Act 2004, ss 4, 5, 6, 46R &133 — Evidence Act 2006, s 95 — Fontaine v Millard [2016] NZFC 3545 — Bristow v Fisher [2020] NZFC 4915 — AJD v KGD FC Hamilton FAM 2004-019-1896, 6 October 2005. The parties had been married and had two young children together. Following separation they had parented the children without court intervention. Following an incident whereby the respondent father and his brother (the children's uncle) had tried to uplift both children from the mother's care, these proceedings were commenced by the applicant. The applicant mother sought day-to-day care of the parties' children. The respondent alleged that the applicant, who was a recovering alcoholic, had had a relapse which was why he sought to remove the children from her care. The applicant submitted that she had not had a relapse and provided evidence to support this. The respondent made no appearance at the hearing. The Judge considered all of the evidence, which included affidavits from both parties and neighbours, the children's view, as well as previous orders made by the Court, and determined that a departure from a shared care arrangement was necessary. The children's welfare and best interests would be better served by being in their mother's day-to-day care. The Court made an order to this effect, including a condition that the respondent's brother was not to spend time with the children. Judgment Date: 26 May 2023. * * * Note: names have been changed to comply with legal requirements. * * *