LV v SOO [2015] NZHC 653 (2 April 2015)

Last Updated: 7 January 2019

NOTE: PURSUANT TO S 139 OF THE CARE OF CHILDREN ACT 2004, ANY REPORT OF THIS PROCEEDING MUST COMPLY WITH SS 11B TO 11D OF THE FAMILY COURTS ACT 1980. FOR FURTHER INFORMATION, PLEASE SEE HTTP://WWW.JUSTICE.GOVT.NZ/COURTS/FAMILY- COURT/LEGISLATION/RESTRICTIONS-ON-PUBLICATIONS.

IN THE HIGH COURTOF NEW ZEALAND NEW PLYMOUTH REGISTRY

CIV-2014-443-000083 [2015] NZHC 653

UNDER	the Care of Children Act 2004
IN THE MATTER	of an appeal against a decision of the Family Court
BETWEEN	L V & R P Appellants
AND	S O O First Respondent J P-H Second Respondent M O O Third Respondent

Counsel:	A Laurenson for the Apellants C Gelston for Cross-Appellant/Second Respondent A Hart for First Respondent T J Darby for Third Respondent P J Jensen, Lawyer for the Child
Judgment:	2 April 2015

JUDGMENT OF HINTON J

[Transition date as to day to day care of child]

This judgment is delivered by me on 2 April 2015 at 11 am

pursuant to r 11.5 of the High Court Rules.

L V & R P v S O O [2015] NZHC 653 [1 April 2015]

.....................................................

Registrar / Deputy Registrar

[1] On 25 March 2015 I dismissed an appeal against a judgment of Judge Courtney in the Family Court at New Plymouth.

[2] This means that Moko moves from the day-to-day care of Mr and Mrs P in New Plymouth to the day-to-day care of Ms O in Hamilton.

[3] It is necessary for there to be a number of ancillary orders including as to transition and contact as the previous orders made by Judge Courtney have been in part superseded by the passing of the relevant dates.

[4] I have received memoranda from all counsel as requested relating to these ancillary orders.

[5] I will issue a detailed judgment as to ancillary orders as soon as possible after the Easter break but need to make orders now to cover the transition to Hamilton.

[6] I held a telephone conference with all counsel today for this purpose.

[7] I now make the following orders:

(a) Ms O shall have the day-to-day care of Moko from Saturday 11 April 2015.

(b) Mr and Mrs P shall have contact with Moko from today until noon on Saturday 11 April 2015.

(c) Mr and Mrs P shall deliver Moko and all of his personal belongings to Ms O at her address at approximately noon on Saturday 11 April 2015.

(d) Mr and Mrs P will go to the front door but will not go inside.

(e) Future contact by Mr and Mrs P and by J is to be the subject of further orders to be made in the week commencing 13 April 2015.
[8] Counsel will be afforded an opportunity to file submissions as to costs. Timetabling for those submissions will be addressed in the further orders to be issued after the Easter break.

[9] I declined to allow Mr and Mrs P’s request to take Moko to Australia over the Easter break but I want to make it clear that I consider Moko should be allowed to do that later in the year, providing he goes with Mr and Mrs P. I intend to make provision for that in the ancillary orders. Obviously, Moko is not to leave the country without agreement between the parties or a court order.






Hinton J