Jason Tompkins v Faye Corgain [2016] NZFC 2862

Published 01 August 2016

Interim parenting order — psychological abuse — unsubstantiated sexual abuse claims — wardship application — Care of Children Act 2004, ss 5 and 48. The existing parenting order, whereby the child was in the day-to-day care of her mother and step-father, was discharged and replaced with an order granting day-to-day care of the child to the father. The mother and step-father were to have no contact with the child until further Court orders were made in three and a half weeks’ time. The mother and step-father were putting the child at significant psychological risk by involving her in unwarranted and unfounded allegations of sexual abuse against the child’s father. Requiring the child to undergo excessive interviewing and medical examinations in an attempt to substantiate these claims was concerning; if this was not stopped immediately there was potential for long-term significant harm. The father’s oral application for wardship (guardianship of child by Court) was refused as the situation was not yet one “of last resort”. The Judge opined that s 48 parenting orders were sufficient to deal with issues facing the child. It was directed that the father place the wardship application in writing if he intended to proceed with it. **Note: names have been changed to comply with legal requirements.