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Esme Turnbull v Dwayne Page [2016] NZFC 10715

Published 24 April 2017

Care of Children Act 2004, s 133 — critique of psychologist report — second opinion application — Schillinger v Jarvis [2016] NZFC 5500. The applicant sought the Court's approval under s 133 permitting the critique of a psychologist report. Under s 133 a second opinion must be prepared and presented only with the approval of the Court. The Court must only give approval if exceptional circumstances exist (s 133(1)), but exceptional circumstances are not defined. In "Jarvis", unusual circumstances were not necessarily considered exceptional. The Judge gave approval for a second opinion as some of the tests used by the psychologist may not have been appropriate which was unusual in a way that was considered exceptional. Judgment Date: 16 December 2016. * * * Note: Names have been changed to comply with legal requirements * * *