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Weaver v Bradford [2021] NZFC 4319

Published 31 May 2022

Vaccination — breach of parenting order — relocation — care and contact arrangements — Care of Children Act 2004, ss 4, 5, 6, 16 & 46R — M v H [2013] NZHC 1010 — Kacem v Bashir [2010] NZSC 112 — Blair v Blair [2012] NZHC 2957 — Horton v Burke [2018] NZFC 5094. The parties disagreed on a number of issues relating to the care of their child. The applicant mother sought to vary the parenting order to allow her to relocate with the child, to be closer to her own mother. The Judge considered the child's best interests and concluded that although the move would strengthen the child's relationship with his maternal grandparents and the child would adjust well, this did not outweigh the significant detriment the relocation would have on his relationship with his father (and paternal family). The application for relocation was denied. The mother also sought enforcement for the father's alleged breach of the parenting order. The respondent father had taken the child to receive his first MMR vaccination without the mother’s consent or knowledge, breaching earlier guardianship orders. The mother had engaged an anti-vaccination campaigner in her evidence. The father relied on advice and recommendations of National Health agencies in addition to an immunisation expert. The Judge considered the child's views, as required under s 6 of the Care of Children Act, and found that they were skewed by his mother's influence and that he was too young to properly assess the pros and cons of vaccination. The Judge found that, on balance, the evidence fell in favour of vaccination being in the child's welfare and best interests. The previous order preventing any further vaccinations was varied to permit the second MMR vaccination only. Judgment Date: 11 May 2021. * * * Note: names have been changed to comply with legal requirements. * * *