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Watkins v Watkins [2021] NZFC 11934

Published 30 May 2022

Guardianship — care arrangements — vaccinations — COVID-19 — global pandemic — citizenship — home-schooling — Care of Children Act 2004, ss 4, 5, 6 & 133. The case concerned upbringing arrangements for the parties' three children. Specifically, whether the children should be in the care of the applicant father, or remain in the care of the respondent mother; whether the children should be home-schooled or attend mainstream schooling; whether they should be vaccinated against COVID-19; and whether the two older children (who were born overseas) should become New Zealand citizens and obtain New Zealand passports. Given that the applicant lived overseas and the children had been in the care of the respondent for four years, the Court considered that it was impractical to change this arrangement. The Court ordered that the respondent be given primary day-to-day care of the children, with contact arrangements for the applicant. The parties had previously agreed that the children be home-schooled, but the applicant now sought for them to attend mainstream schooling instead. The respondent and the children were all in favour of home-schooling continuing. In spite of the statutory requirement to take the children's views into account, the Court ordered that the oldest child attend mainstream schooling, finding that this would aid in his personal development. The two younger children were to remain in home-schooling until they reached secondary school age, at which point they would transition to mainstream schooling as well. The respondent and two older children opposed vaccination against COVID-19. The Court found that the weight of evidence supported vaccination, and ordered that the oldest child be vaccinated, along with the younger two when they reached an appropriate age. Finally, the Court considered that all three children should be New Zealand citizens and have New Zealand passports, to ensure that all received equal treatment when traveling. The parties were to make all required applications. Judgment Date: 15 December 2021 * * * Note: names have been changed to comply with legal requirements. * * *