James Leavitt v Leeann Pou [2016] NZFC 2126

Published 31 July 2016

Care of Children Act 2004, ss 4, 5 — day-to-day care — final parenting order — contact. The applicant and respondent have two children together. A final parenting order was made giving the father day-to-day care of the younger child. Contact arrangements were finalised giving the mother weekend and holiday contact. The position in respect of the older child was more complicated due to possible alienation; proceedings were adjourned in relation to how contact between him and his mother would be organised. The Judge focused particularly on ss 4, 5 of the Act which have regard to the welfare and best interests of the child. The principles of the Act were best served by clear orders which left little room for differing interpretation given the parents’ history, which showed an inability to agree. **Note: names have been changed to comply with legal requirements.