HAMSTRA & REWI

This case concerned an application by a mother for permission to relocate with her six-year-old daughter to the United States. The mother, who had always been the primary carer, had a job offer in the US and had remarried a US citizen. The father, who had relocated to New Zealand and was spending limited time with the child, opposed the relocation. The Independent Children’s Lawyer supported the mother's application.

The court was required to determine whether the mother's proposed relocation to the United States with the child was in the child's best interests. This involved assessing the competing interests of the parents and, crucially, prioritising the welfare and development of the child above all other considerations.

Judge Burchardt found that the relocation was in the child's best interests. The court reasoned that the mother's proposed life in the US offered significant advantages for the child, including the mother's remarriage and a career opportunity. The court also considered the father's limited involvement with the child since his relocation to New Zealand. The orders made reflect a carefully balanced approach, granting the mother sole parental responsibility for major long-term decisions while establishing a detailed framework for the father's ongoing involvement with the child, including significant time with the child in New Zealand and communication by audio-visual means. The relocation was made conditional on specific travel advisories and government restrictions being lifted.