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Minh v Xue [2020] NZFC 9522

Published 01 September 2021

Day-to-day care — alienating behaviour — estrangement — Care of Children Act 2004. This case concerned the day-to-day care of a single child, who had been living in the care of his mother's family since shortly after his mother's death. The child's father disputed the mother's family's care of the child, and had previously sought the child's return. However the child had remained with his mother's family after he made allegations of abuse against his father. The Court in the current case found that these allegations were unrealistic, and that the mother's family had coached the child into making them. Further, the Court found that the mother's family had put the child in a situation of conflict against his father that was damaging to the child. Other aspects of the mother's family's care were also unhealthy for the child. In spite of the shock and pain that this could cause the child, the Court decided that he should be immediately returned to the care of his father. The Court also ruled that the child change schools and receive social work and therapeutic support, and that he have no contact with his mother's family until some three months after the date of the decision. Judgment Date: 30 October 2020. * * * Note: names have been changed to comply with legal requirements. * * *