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Barker v Harris [2021] NZFC 1189

Published 20 November 2023

Day to day care — protection order — COVID-19 restrictions — evidence — risks to the child — Care of Children Act 2004, ss 4, 5, 5A, 6, 46R, 56, 132 & 133. This was a reserved decision for a child's day to day care. There were safety concerns for the child which needed to be addressed through cross examination. The Court looked at the respondent mother's substance abuse, mental health problems, family violence and the child's views. A hair strand test showed that the respondent was not regularly using any of the substances she tested for, however there was evidence of a history of substance use and financial problems as a consequence. It was found that the respondent's history was a risk to the child. On the respondent's mental health, the Court found that there was a risk to the child's psychological welfare as there had been a pattern of fearful and paranoid thinking when the respondent was faced with conflict. The Court acknowledged that the respondent was in the early stages of addressing the family violence issues. but was not satisfied that the issues had been resolved. The child also wanted to continue her relationship with her mother but also stated that she was happy in the care of the respondents. The Court was not satisfied it was in the child's best interest to be returned to the respondent's day to day care. The respondent's application was not granted. Judgment Date: 12 February 2021. * * * Note: names have been changed to comply with legal requirements. * * *