MENZ ISSUES

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You be the judge?

Filed under: General — MurrayBacon @ 8:09 am Tue 10th April 2007

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

Priestley J

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…….

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