Lincoln Bukowski v Felicity Esters [2016] NZFC 2689

Published 31 July 2016

Variation of interim parenting order — contact — whether there are care and protection concerns given pending criminal charges of the child’s day-to-day carer — welfare and best interests of the child — The Care of Children Act 2004. It was agreed that the child would remain in the day-to-day care of the applicant despite his pending criminal charges. With appropriate protective conditions in place, such as a ban on consuming or permitting others to consume alcohol in the child’s presence, the Judge was satisfied it was in the child’s best interests to remain in the applicant’s care. This decision was made with regard to the upheaval the child had faced in recent times. The interim parenting order was varied as to contact with the mother and father, overnight contact being permitted for both parents. **Note: names have been changed to comply with legal requirements.