The 2018 Family Court case of Horton v Burke ([2018] NZFC 5094) is a timely reminder about the importance of working together as co-guardians, following Court orders, and prioritising what’s best for the kids. It’s also a lesson in what happens when parents make unilateral decisions without proper consultation.
What Happened?
In this case, Ms. Horton and Mr. Burke, parents of 12-year-old Connie (not her real name), had been separated for years. While they had their differences, they were both guardians of their children and were legally required to make significant decisions—like where their children go to school—together.
But in early 2018, Ms. Horton decided to enrol Connie in a new school without consulting Mr. Burke. This went directly against his guardianship rights and a Court directive that required them to resolve the schooling issue on notice (with both sides being heard). Mr. Burke only found out about the enrolment after Connie had already started attending the new school.
The Legal Issues
The case revolved around two key points:
- Guardianship Rights: Under Section 16 of the Care of Children Act 2004 (COCA), guardians must act jointly on important decisions. Ms. Horton breached this by acting alone.
- Contempt of Court: Ms. Horton also ignored a Court decision that said the schooling issue had to be dealt with in a formal process. This was a serious breach of her legal obligations.
The Court’s Decision
The Family Court ruled that Ms. Horton was in contempt of court. Judge A.M. Manuel made it clear that such breaches couldn’t be overlooked, even though Ms. Horton believed she was acting in Connie’s best interests. The consequences included:
- A $400 fine and $130 in Court costs, both payable by instalments.
- A directive for Connie’s school to review its enrolment policies to avoid such breaches in future.
- An explanation to Connie and her sibling that it was the Court, not their dad, holding their mum accountable.
The Court emphasised that this wasn’t about punishing Ms. Horton unnecessarily—it was about reinforcing the importance of guardianship laws and ensuring both parents’ rights are respected.
This case offers some key takeaways for separated parents:
- Guardianship is a Shared Role: If you’re both guardians, you need to work together on big decisions. Whether it’s schooling, medical treatment, or anything else significant, acting unilaterally can land you in hot water.
- Following Court Orders: Ignoring a Court order can have serious consequences.
- Think About the Bigger Picture: While Ms. Horton believed she was doing the right thing for Connie, the Court noted that her actions worsened the conflict and could further harm Connie’s already fragile relationship with her dad.
- Schools Have a Role Too: The Court criticised the school for not checking whether Mr. Burke had consented to the enrolment. Schools need to be more proactive in understanding and respecting guardianship rights.
Section 16(5) of the Care of Children Act 2004 mandates that “In exercising (or continuing to exercise) the duties, powers, rights, and responsibilities of a guardian in relation to a child, a guardian of the child must act jointly (in particular, by consulting wherever practicable with the aim of securing agreement) with any other guardians of the child.
For kids stuck in the middle of family disputes, stability and consistency are key. Cases like this show how important it is for parents to respect each other’s guardianship rights and follow proper processes. Not only does this keep things legally above board, but it also helps foster a better co-parenting relationship—something that’s ultimately in the best interests of the children.
At the end of the day, this isn’t just about ticking legal boxes. It’s about making sure your kids grow up in an environment where respect, fairness, and cooperation are the norm. Let’s take this case as a reminder to do better for our tamariki.
Disclaimer
This blog discusses the 2018 Family Court case of Horton v Burke ([2018] NZFC 5094), which is a public case law. Every effort has been made to ensure the accuracy of the information presented here. However, if there are any errors or omissions, they are unintentional. This blog is for informational purposes only and should not be considered legal advice. If you have concerns about guardianship or Family Court matters, please consult a qualified legal professional.
Zayne Jouma is the founder and Chairman of FDSS. He is a self-taught, trained, and experienced Mediator, Conflict Coach, Court lay-assistant/ McKenzie Friend & Community coach. Zayne has helped many parents through mediation and conflict resolution and has assisted hundreds of Self-represented parents in their Family Court & High Court cases across New Zealand.
