district court logo

Curiel v Zemanova [2021] NZFC 6283

Published 22 February 2022

Parenting order — COVID-19 pandemic — overseas travel — Care of Children Act 2004, ss 5, 6, 48 & 139A — Aslan v Huffman [2020] NZFC 10288. The parties had one child who was subject to a parenting order. The parenting order allowed the child's mother, the respondent, to take the child back to the respondent's home country for up to two months each year. The applicant father made an application that the parenting order be varied to prevent the child from leaving New Zealand while the government had in place a travel advisory stating that New Zealanders should not travel overseas because of the COVID-19 pandemic. The respondent argued that the child should be allowed to leave New Zealand, referring to a website that measured COVID-19 statistics and risk levels in countries around the world. The statistics showed that COVID-19 infections in the respondent's home country were past their peak and decreasing, and a vaccination programme was underway. The Court found that the respondent would ensure that the child kept up with her schoolwork and measures could be taken to ensure that the child's relationships in New Zealand would survive while she was overseas. Also it was important for the child to be able to maintain her connection to her family in the respondent's home country. Therefore, to allow the travel was in the child's best interests. The Court made variations to the parenting order that future bookings of overseas travel be made with reference to the statistics and risk levels on the COVID-19 website, and that the child keep in regular contact with the applicant while she was away. Judgment Date: 2 July 2021. * * * Note: names have been changed to comply with legal requirements. * * *