Nina Nicholson v Jack Epiha [2016] NZFC 4541

Published 08 September 2016

Shared care — interim parenting order — Care of Children Act 2004, ss 4, 5 and 6 — Fletcher v McMillan [1996] 2 NZLR 491, [1996] NZFLR 302 — Sime v Redshaw [2005] NZFLR 511. After an abuse allegation by a child against the mother’s partner, existing parenting orders were varied on an interim basis allowing mother supervised care only. Variation to that order made in order to restore the status quo (pre abuse allegations), while having regard to the welfare and best interests of the children (Fletcher and Sime cited). Conditions imposed on mother’s care to mitigate continued trauma to the child who had made the allegations. Judgment Date: 31 May 2016. * * * Note: names have been changed to comply with legal requirements. * * *