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Cann v Farley [2020] NZFC 2611

Published 10 July 2023

Contact arrangements — COVID-19 — Level four lockdown — global pandemic — coronavirus — family bubble — risk of infection — welfare and best interests of child — Care of Children Act 2004, ss 4, 5, 6 & 133. This hearing was to review the parenting arrangements for a child, after her caregiver refused to take her back into her care as she had face-to-face contact with her mother (as directed by a parenting order) during the Level four lockdown. As a response to the global COVID-19 pandemic the New Zealand Government had imposed a lockdown requiring people to only have contact with those in their household or "bubble". There was an exception to allow children with shared care arrangements to move between two households. As COVID-19 presented a higher risk of serious complications or death to the elderly and people with underlying conditions, the caregiver said it was too risky to have the child back until New Zealand moved out of level four. The Judge made an order that the child would remain in her mother's care until 23 April or the end of level four, whichever came first. She would then go back to her caregiver as her mother was not an appropriate person to have day-to-day care of the child in the long term. At that time, the interim parenting order imposed prior to lockdown would be in effect, with a view to increasing contact between mother and child. The Judge encouraged the mother and caregiver to put aside their differences and focus on the welfare and best interests of the child. Judgment Date: 16 April 2020. * * * Note: names have been changed to comply with legal requirements. * * *