Winston Gilbert v Madelaine Larson [2016] NZFC 1208

Published 31 July 2016

Parenting order — Care of Children Act 2004, ss 4, 5, 6, 48. The applicant, who had supervised contact with his daughter for two hours every three weeks, sought unsupervised overnight contact every three weeks. The Judge determined there were still a number of factors weighing against granting the order sought, and declined to do so. Factors which weighed against granting the order included: risk of physical violence against the child as a result of previous allegations; issues with depression, mood regulation and victim mentality, and insufficient recognition of the maternal family’s role. After considering the best interests of the child under s 4, applying the principles of s 5, and taking into account the opinion of the child under s 6, the Judge determined that an interim custody order should be made under s 49 as a final parenting order could not yet be made. **Note: names have been changed to comply with legal requirements.