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Mackie v Nichols [2021] NZFC 11813

Published 13 July 2022

Childcare arrangements — allegations of violence — welfare and best interests of child — Care of Children Act 2004, ss 4, 5, 6 & 133 — Kacem v Bashir [2010] NZFLR 884 — M v Y [1994] 1 NZLR 527 (CA) — S v S [1994] 1 NZLR 540 (CA). This hearing was to determine final childcare arrangements for the parties' child. The parties had been engaged in the proceedings for some five years, and an interim shared care arrangement had been in place since 2019. There had been tension between the parties, especially with regards to changeovers in care of the child. Both parties lived with their new partners. The applicant mother alleged the child had witnessed violent incidents between the respondent father and his new partner. The Court was required to consider the principles and purposes under ss 4-6 of the Care of Children Act. The Judge considered the evidence and concluded that the allegations of violence were not established on the evidence. The Judge concluded that setting a 50:50 shared care arrangement, as requested by the respondent, would not reduce the conflict and tension between the parties. The child was also attending school in the mother's home location, around 90 minutes' drive from where the father lived, although the father had purchased a second house close to the mother's house. The outcome that would most promote the child's welfare and best interests was to increase contact time between the child and father, especially on weekends and during school holidays. The Judge made a final parenting order with these considerations. The Judge also imposed conditions as to the changeover location, video communication with the other parent while in one parent's care, and how the parties were to communicate with each other. Judgment Date: 2 December 2021. * * * Note: names have been changed to comply with legal requirements. * * *