You be the judge?
Many people don’t seem to think that they have access to this appeal. I am not sure how this could be so, in a modern democracy?
Please think through what is happening here and judge whether this is acceptable?
What should be done about the familycaught?
K v C [appeal: relocation]
––––– (2001) 21 FRNZ 686 –––––
High Court, Auckland (AP147-SW00)
6 December; 19 December 2001
Custody and access – Appeal – Children in mother’s legal custody – Protection order in place against father – Father had been granted order preventing removal of children from New Zealand – Mother sought to revoke order and sought permission to relocate with children overseas – Allegations of gang affiliations and threats to kill untested – Applications granted on ex parte basis – Father sought to set aside Family Court’s decision – Whether Family Court had made a mistake in fact and law – Family Court’s duty to take critical approach to evidence in ex parte proceedings – Paramountcy principle – Guardianship Act 1968, ss 11, 13, 23(2), 28; Family Proceedings Rules 1981, r 8.
Due to length – this is continued as a comment…….