Haley Sidney v Andreas Boone [2016] NZFC 1636

Published 31 July 2016

Parenting Order — Domestic Violence — Care of Children Act 2004, ss 4, 5a, 5A, 6, 48. An existing parenting order in favour of the mother was confirmed, and orders made for the father to have supervised contact with the children. Although conditional, leave was given to the father to apply for a further parenting order seeking unsupervised contact with the children. In determining the appropriate level of contact, s 4 of the Act provides that the children’s welfare and best interests are paramount. The issues primarily revolved around the s 5(a) principle relating to safety of the children, there being a history of domestic violence by the father against both the mother and children. Section 5A required the domestic violence to be taken into account. Undiagnosed mental health concerns and numerous denials by the father added to the ongoing risk posed. Recommended neuro-psychological and psychiatric assessments had not been carried out by the father. Accordingly, it was found not appropriate to allow unsupervised contact. **Note: names have been changed to comply with legal requirements.