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Harris v Barker [2021] NZFC 6404

Published 20 November 2023

Reserved decision — recall — leave to appeal — interim contact — guardianship directions — Horowhenua County v Nash (No. 2) [1968] NZLR 623 — Malone v Auckland Family Court [2014] NZHC 1290 — Fletcher v McMillian [1996] 2 NZLR 491. The decision related to three interlocutory issues. First, the applicant sought a recall of an previous interim judgment on the grounds that she was able to provide new evidence that was not accessible to her at the time of the previous decision. The Court found that the evidence was not dependent on her new access and could have been filed earlier. Second, the applicant sought for leave to appeal to be granted. However, as the Court found that granting leave to appeal did not advance the applicant or the child's interest for justice, this application was declined. The third issue was whether the child should have contact with her father in Australia following COVID-19 travel restrictions being lifted. One of the main considerations was that it was important to preserve the child's relationship with her father and his new family. An order was granted that the child was able to travel to Australia to see the respondent for up to one week during the holiday period. Judgment Date: 6 July 2021. * * * Note: names have been changed to comply with legal requirements. * * *