Reserved decision — care of children — guardianship — protection order — alienation — Family Violence Act 2018, ss 3, 9, 10, 11, 79, 82, 84 & 87 — Domestic Violence Act 1995 — Care of Children Act 2004, ss 4, 5, 5A, 6, 46R & 133 — Surrey v Surrey [2010] NZFLR 1 — SN v MN [2017] NZCA 289 — Surrey v Surrey [2008] NZCA 565 — Kacem v Bashir [2011] 2 NZLR 1, [2010] NZFLR 884, (2010) 28 FRNZ 483 — GF v EF [2019] NZHC 3140 — C v S [2008] NZFLR 715. The proceedings concerned two matters - whether to grant the applicant and her family members a final protection order, and the care arrangements for the parties' daughter. The parties were previously married and had three children. They had a long history of proceedings before the Family Court, dating from both before and after they separated in 2017. In deciding the first matter, the Court concluded that the evidence established that the respondent had used family violence towards the applicant and others. However the use of violence was historical in nature, and the parties had since moved on with their lives. As there was no current risk to the applicant, the Court dismissed the application for a final protection order. On the issue of the daughter's care arrangements, the respondent sought day-to-day care with supervised or supported contact between the daughter and the applicant. He submitted that this was necessary in order to stop the applicant from damaging his relationship with his daughter. The Court found that the daughter had been exposed to parental conflict, which was psychologically damaging and may lead the daughter to having to choose one parent over the other. However the Court rejected the respondent's claims that the applicant had alienated the parties' son against him, and would do the same to the daughter. Therefore there was no need for the daughter to be transferred to the day-to-day care of the respondent. The Court considered that it was in the daughter's best interests to be in the shared care of both parents, on a 5/9 basis. Judgment Date: 27 October 2022.