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Sharp v Sharp [2019] NZFC 1184

Published 05 March 2021

Final parenting order — alienation — welfare and best interests of children — holiday contact — international travel — Care of Children Act 2004, ss 4, 5, 6 & 46 — United Nations Convention on the Rights of the Child, art 9.3 — C v S [2008] NZFLR 715 — Re Karaka [2016] NZHC 183. This hearing was to determine the final care and contact arrangements between two teenage girls and their parents. The girls were in the day-to-day care of their mother and had contact with their father in Australia. In mid-2018 a finding had been made that the girls were alienated from their father and the situation was now due for review. The girls had more contact with their father and had traveled to Australia to spend time with him and his partner. At interview with lawyer for child they no longer spoke negatively of him and appeared to be developing a warm relationship. Section 4 of the Care of Children Act (the Act) states the paramount concern is the welfare and best interests of the child. It is also a requirement that the Court take into account the principles in s 5 which include safety, parental and guardian responsibility for care, consultation and co-operation, continuity of caregiving arrangements, continuing relationships with parents and the preservation and strengthening of extended family relationships and identity. Section 6 identifies that opportunities must be given to children to express their views and any views expressed must be taken into account. There were some residual issues around how much contact father was to have with the girls. He sought six weeks of the year, during school and Christmas holidays. The girls did not want to spend that much time with their father, but for reasons such as wanting to see their friends and care for their pets, rather than to avoid their father. The mother proposed a compromise between the father and children's position but the Judge determined six weeks a year was an appropriate amount of time for the children to spend with their father. The Judge acknowledged the children's views but determined it was in their welfare and best interests to spend more time with their father. Each parent was to have phone contact while the children were in the other parent's care. A direction for s 46G counselling for the parents was also made in the hope they could improve their communication. A stern warning was also given that a failure to comply with the parenting order would result in consequences. Judgment Date: 1 March 2019. * * * Note: names have been changed to comply with legal requirements. * * *