Warring parents lose rights

A couple fighting over custody of their children have been stripped of their role as parents, with Justice Paul Heath ordering the court to take over as guardians of their two boys.

Heath heard the Bay of Plenty couple's behaviour toward each other amounted to "emotional abuse" of their children. "Both parents should be ashamed of themselves for bringing about such a shocking consequence," he said.

The children are still allowed to live with the parents - dividing time between the two - but the parents cannot make any major decisions without court permission.

The fight has been described as an example of "extreme" behaviour by "white, middle-class, intelligent" parents with "no drug, no alcohol and no other problems" - except with each other.

The parents' names have been suppressed to protect the children, although the judge assigned the pseudonyms of Canadian-born "Mr Carpenter" and English-born "Ms Armstrong". He also gave fake names to the children - John for the 3-year-old and Craig for his 7-year-old brother.

The case came after a failed attempt at shared custody, with Armstrong stating "psychological abuse" and a lack of financial support from her former husband meant she had to move back to England.

In June, Armstrong won a Family Court hearing giving her day-to-day custody and permission to return to England with the children.

She booked tickets to leave on July 18, but was blocked after Carpenter filed an appeal and Heath urged her to stay so the appeal could be considered.

The couple met in England in 1994 and married in New Zealand in 1998. They first separated in 2003, and finally separated in 2007 after what Heath called a "torrid relationship". In the four intervening years they maintained an occasional relationship, during which John was conceived.

Heath said the couple had been in constant conflict since separating and neither showed any "real inclination to put aside their personal agendas in the best interests of the children".

In the original case, a Family Court judge asked to speak to the children in her chambers. John was so distraught she decided it was "inappropriate" to talk to him. Craig also refused to speak, curling up in a foetal position, sucking his thumb.

Heath said evidence showed the children would be better off with as much distance between their parents as possible - but that didn't answer which parent the children should live with. He said they needed some protection while a decision was made, so he made the court their guardians.

The case is expected back in court before the end of the year.