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Monroe v Monroe [2023] NZFC 9373

Published 11 September 2023

Care and contact arrangements — reasonable opportunity to participate — protection order — Care of Children Act 2004, ss 5, 5A, 6, 7AA, 60 & 77 — Family Violence Act 2018, ss 9, 10 & 11 — The Family Court (Supporting Children in Court) Legislation Act 2021 — United Nations Convention on the Rights of the Child (UNCROC), art 12 — Brown v Argyll [2006] NZFLR 705, (2006) 25 FRNZ 383 — K v B [2011] 2 NZLR 1, [2010] NZFLR 884, (2010) 28 FRNZ 483 (SCNZ) — C v S [2006] 3 NZLR 420 — Newton v Family Court at Auckland [2022] 3 NZLR 846, [2022] NZFLR 846, [2022] NZCA 207. This hearing was to consider whether the father was to have supervised or unsupervised care with the parties' child and whether the child should continue to be home-schooled or return to school. A final protection order was in place in favour of the mother. The Judge considered the relevant legislation and case law as well as considering the child's views. A new provision, s 5(g), which came into effect on 16 August 2023, stipulates that a child "must" be given reasonable opportunities to participate in any decision affecting them. The Judge determined that the father should continue to have supervised care until further order of the Court. With regards to schooling, the child was thriving being home-schooled. The Judge concluded that there was no reason to change the current arrangement and that the child should continued to be home-schooled. The Judge made orders accordingly. Judgment Date: 1 September 2023. * * * Note: names have been changed to comply with legal requirements. * * *