Helena Roach v Kurtis Brannon [2016] NZFC 2766

Published 31 July 2016

Application for contact — strike out — Care of Children Act 2004, s 140 — breach of protection order. The Court struck out the respondent’s application for contact in relation to the older child, but allowed contact by letter and telephone between the younger child and the then imprisoned respondent. A judicial conference would be convened to consider contact after release. The Judge agreed with case law that the decision to strike out required a high threshold (Baer v Urban [2013] NZFC 5637). The continuation of the proceedings must be “clearly contrary to the welfare and best interests of the child” (s 140). **Note: names have been changed to comply with legal requirements.