Published 05 December 2024
Application to discharge order preventing removal — Care of Children Act 2004, s 77(5) — Family Violence Act 2018 — Contempt of Court Act 2019, s 16. The applicant mother sought to discharge an order preventing removal of her child from New Zealand. This application was opposed by the respondent father who had not had any contact with the child for a few years, and the child did not want contact with him. The main issue for the Court to determine was whether to discharge the order to prevent removal, enabling the child to leave New Zealand. In the beginning, the applicant sought for the discharge so that the child could spend time in China with his grandmother and for Christmas; however, it was eventually revealed that she was looking to relocate with the child to another country. The respondent submitted that this was another way to stop contact with him. He was no longer seeking contact during this time. The Court noted that the applicant had not supported the child and respondent's relationship and the child did not want to have a relationship with the respondent. As the respondent was not pursuing contact, the Court was satisfied there were no grounds to maintain the order preventing removal. The application succeeded with the applicant agreeing that she would not remove the child from New Zealand without filling for an application to relocate first. The Court noted that the parenting order in favour of the applicant was to record that New Zealand is the child's habitual residence. The Court discharged the order preventing removal of the child from New Zealand. Judgment Date: 26 February 2024 * * * Note: names have been changed to comply with legal requirements. * * *
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