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Curiel v Zemanova [2020] NZFC 3782

Published 22 February 2022

Guardianship of child — COVID-19 pandemic — parenting order — non-removal order — Care of Children Act 2004, ss 4, 5 & 6. The parties had one daughter (the child) who was in their shared care, subject to a previous order of the Court. The applicant father was originally from South America and the respondent mother from Eastern Europe, and the Court order provided that the child could spend parts of each year in her parents' home countries. In the current matter the applicant sought an order preventing the child's removal from New Zealand during the 2020 school year, because of the health risks created by the COVID-19 pandemic. The respondent argued that it was important for her and the child to be able to travel to the respondent's home country for family support and maintenance of the child's links to her cultural heritage. The respondent further argued that the risks of contracting COVID-19 could be mitigated and that her home country had not been hard-hit by the pandemic. The Court found that the respondent's home country had been relatively successful in dealing with the pandemic, but that the child would still be at greater risk there than she would in New Zealand. Should the child contract COVID-19 overseas, she would not have the support of her father and may face difficulties in returning to New Zealand. The Court found that to undertake the trip would not be in the child's welfare or best interests. The application that the child be prevented from leaving New Zealand during the 2020 school year was granted. Judgment Date: 29 May 2020. * * * Note: names have been changed to comply with legal requirements. * * *