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Eleanor Nash v Issac Tofilau [2016] NZFC 1891

Published 31 July 2016

Relocation — Care of Children Act 2004, s 5(a). These proceedings involved the making of a final protection order, discharge of an existing order preventing the child’s removal from New Zealand, and the setting of arrangements for contact. The parties had come to agreement regarding relocation, and provided a consent memorandum allowing the child to relocate with the applicant to Australia. The Court noted the s 5(a) issues relating to the safety of the child, and ordered accordingly that contact with the father was to be supervised. The contact arrangements involved travel from Australia four times per year, with the Judge noting not only that goodwill was required between the parties, but that a significant financial obligation now existed. The Judge confirmed to the parties that the arrangements were likely to be enforceable either by the Court in Australia or New Zealand, and if necessary the child could be uplifted to ensure contact. **Note: names have been changed to comply with legal requirements.