Porter v Wilkens  NZFC 9550
Published 29 November 2017
Whether party can apply for protection order when not the victim of domestic violence — whether parent has standing to apply for protection order — application for protection order — whether parent can apply for protection order of child aged 16 — Domestic Violence Act 1995, ss 5, 7, 9, 14 & 16 — Family Court Rules 2002, r 3.
The applicant had applied for a protection order against the respondent on behalf of her children, who she believed had been the victims of violence by the respondent. The applicant had not been the victim of any violence by the respondent. The court was required to consider whether the mother was able to bring the application despite having not been the victim of violence herself or whether she could bring an application as the children's representative. In determining that the applicant was able to apply for the protection order, the court took into account the purpose of the legislation and the Family Court Rules. The court noted that the intention of Parliament was to allow a parent to act protectively, regardless of whether the parent had suffered domestic violence. The court found that the applicant did have standing to bring the application for a protection order and the application was allowed to proceed. As there was jurisdiction to consider the application, the court did not need to consider the application to have the applicant appointed as a representative of the children.
Judgment Date: 27 November 2017.
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