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Rosen v Guy [2021] NZFC 12271

Published 18 November 2024

Application for relocation — welfare and best interests of the child — child's views — Care of Children Act 2004, ss 4, 5 & 6 — K v B [2010] NZSC 112. The applicant mother applied to the Court to relocate two of her children from Wellington to Auckland. The first respondent was the father of the eldest child, and the second respondent ("the respondent") was the father of the younger child. The first respondent did not have much contact with his child and did not participate in the proceedings. As such, the main dispute between the applicant and the respondent was whether the applicant would be permitted to relocate with both children. The respondent opposed the application. The Court considered the evidence, as well as the "welfare and best interests" provisions of the Care of Children Act and the children's views, and determined that the youngest child should not relocate to Auckland. The youngest child was to be in the day-to-day care of the respondent, and the Court made provisions for contact between the youngest child and the applicant. Judgment Date: 10 January 2022. * * * Note: names have been changed to comply with legal requirements. * * *