Daughter's divorce of mum overturned

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A highly controlling mother whose daughter effectively divorced her through the court system has won back guardianship through a High Court appeal, in which the judge criticised the Family Court for interfering.

The appeal decision found the mother, a central city professional who lives in one of Auckland's most exclusive suburbs and has sent her children to top schools, was inappropriately trying to control her daughter's activities.

She was not, however, putting her daughter in any physical or psychological danger and the High Court found there was "no need" for the Family Court order to be made.

The case, revealed by the Sunday Star-Times last November, was the result of new law which places greater weight on the wishes of the child and removes age and maturity as factors in court decisions.

The law - and the court's reading of it - was widely criticised by family advocates upset by the court's decision, which was seen as setting a precedent for similar "divorces".

In his judgement, Justice Paul Heath found "it was wrong in principle for the judge to invoke the protective jurisdiction of the court to prevent Ms Hawthorne (the pseudonym given to protect the mother's identity) from exercising inappropriate controlling behaviour over her daughter".

He said: "While I do not rule out, in extreme cases, the possibility of exercising the protective jurisdiction when controlling behaviour amounts to infliction of psychological harm on a child, there was no need for the order to be made on the facts of the case."

Louise, the name given in the High Court judgement, was referred to as "an excellent example of a mature teenager".

However, her older sister tolds the courts her mother had caused "considerable embarrassment and anxiety" to Louise by interfering in her social and sporting life, and she had become "emotionally distraught" as a result.

She told the courts Ms Hawthorne's behaviour had affected Louise's friendships after she had written to the parents of sports colleagues asking them not to take her to or from practice.

She said the mother had also told Louise's best friend's father to "butt out" of the situation when he had picked her up from the airport, and would not allow her to go on a trip with the family.

Ms Hawthorne's lawyer Rod Hooker said counsel, Rosemary Cox, had compromised her role by applying for the application in her name. He said the Family Court's jurisdiction to place a child under its guardianship should be "exercised with caution and to protect a vulnerable child from the harmful actions of parents or others".

Justice Heath found the court's guardianship jurisdiction should be used to protect vulnerable children who cannot speak or act for themselves. He overturned the guardianship order, saying it was up to the guardians - her parents - to provide advice to Louise "on important matters but not to make decisions for her. Ms Hawthorne cannot, as a matter of law, seek to control her daughter in the manner demonstrated to date".

Cox told the Star-Times her client "is hopeful that the court process has now come to an end".

She said Louise was "relieved that this process has meant that she now has the ability to make decisions for herself on matters involving her education, extracurricular activities and friendships".

Ms Hawthorne told the Star- Times that "$25,000 later, and after much emotional damage to all of my children . . . in breach of my rights and against the best interests of my teenage daughter (in having to go through it), I have won the appeal".

She said: "I look forward now to becoming closer than ever before to my teenage daughter (Louise)."

- © Fairfax NZ News