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Tanner v Swanson [2023] NZFC 3214

Published 15 February 2024

Relocation — parenting arrangements — Care of Children Act 2004 ss 4, 5, 6, 46R & 73 — Fletcher v McMillan [1996] NZFLR 302 — K v K [2009] NZFLR 241 — Sime v Redshaw (2005) 23 FRNZ 912 The parties had one child together, and prior to these proceedings were subject to a parenting order in which the child lived with the mother while having fortnightly contact with the father. Without notifying the father, the mother relocated her family, including the child, to another part of the country. In response, the father applied for and was granted an interim parenting order vesting the day to day care of the child to him. The mother did not comply with the new interim order, and a warrant to enforce the order was executed by police, though the child ran away from the father and returned to the mother. The issue for these proceedings were the interim care arrangements for the child, given the competing applications. The Court did not accept that the status quo for the child had shifted to living in the new location, and was reluctant to 'reward' the mother's conduct, given she had deliberately breached court orders. The Court also took into account a history of relationship and alcohol related issues at the father's home, particularly one event in which the father had gone to get an axe during an argument with his wife. The Court found that the welfare and best interests of the child were best served by remaining with her mother in their new home, and a new interim parenting order was made giving the mother day to day care of the child and the father holiday and occasional weekend contact. Judgment Date: 4 April 2023. * * * Note: names have been changed to comply with legal requirements. * * *