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Scott v Carter [2020] NZFC 596

Published 15 April 2024

Parenting order — care and contact arrangements — welfare and best interests of child — parental estrangement — alienation — safety — change of primary carer — psychological harm —Evidence Act 2006, ss 9 & 25 — Family Violence Act 2018 — Care of Children Act 2004, ss 4, 5, 6, 16, 46 & 133 — Scott v Carter [2016] NZFC 5728 — Scott v Carter [2017] NZFC 8797 — Scott v Carter [2019] NZFC 2958 — Scott v Carter [2019] NZFC 7371 — Brown v Argyll (2006) 25 FRNZ 383 — K v B [2011] 2 NZLR 1; [2010] NZFLR 884; (2010) 28 FRNZ 483 (SCNZ) — C v S [2008] NZFLR 715 — GF v EF [2019] NZHC 3140 — Carpenter v Armstrong, HC Tauranga, CIV-2009-470-511, 31 July 2009 — D v M [2001] NZFLR 23 (HC) — S v S [2010] 2 NZLR 581. The applicant father sought day-to-day care of the parties' child after the respondent mother had failed to support their relationship. The child was four years old and issues started after the mother unilaterally moved cities with the child when he was a baby. She consistently thwarted the relationship between the father and child and attempted to block contact. She and her family expressed negative views about the father in front of the child and there was a risk the child would become alienated from his father. The decision had to be made based on the welfare and best interests of the child. The Judge determined that it was necessary to place the child in his father's day-to-day care. The mother had appeared in Court multiple times and promised to facilitate the relationship but never followed through. The Judge recognised this was a difficult decision, not made lightly but was satisfied it was the decision that would best protect the child's interests. The father was to have day-to-day care while the mother would have overnight contact every second weekend. The parties were to changeover at a halfway point and always be respectful to each other in front of their child. Judgment Date: 14 February 2020. * * * Note: names have been changed to comply with legal requirements. * * *