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Sika v Foster [2023] NZFC 2435

Published 20 July 2023

Reserved decision — contact with imprisoned parent — Care of Children Act 2004, ss 4, 5, 6, 46G & 133 — Family Court Rules 2002, r 133(1)(b) — Kacem v Bashir [2010] NZCA 96 — Kacem v Bashir [2010] NZFLR 884. The issue for determination was whether a child should have contact with her father (the second respondent), along with other members of the second respondent's family. The second respondent was serving prison sentences for murder and attempted murder, and the child's mother (the first respondent) had stopped the child from having any contact with him. The child herself was reluctant to either visit her father in prison or to speak to him on the phone. Following agreements between the parties, the Court made orders for contact between the child and the second respondent's family. The Court went on to consider whether it would be in the child's best interests to have contact with her father, and found that the child would be safe when visiting the prison in the company of her step-mother (her father's current partner). Having contact with her father would preserve and strengthen the child's relationship with her father and wider family group. It would also preserve and strengthen her own identity, particularly her Tongan heritage. The Court ordered that the child visit her father once a month, with the visits to begin two months after the Court's decision. Judgment Date: 24 March 2023.* * * Note: names have been changed to comply with legal requirements. * * *