Attempt to reverse end of marriage fails

A second attempt by a former husband to overturn the end of his marriage has failed before a High Court judge.

John Howard Carter had been trying to reverse the dissolution of his marriage, which was made by the Family Court in 2003.

He applied to Justice MacKenzie asking for orders and directions, including that the decisions of the Family Court were void, that the Family Court judge needed to disqualify himself from further hearings, and that his former wife could not call herself his former wife.

The name of his former wife has been suppressed and she has played no part in any proceedings Mr Carter, of Wainuiomata, has brought.

In a judgment issued this week, Justice MacKenzie, who has given a previous judgment on similar matters in Mr Carter's continuing battle over his marriage, said there was no foundation to any bias by the Family Court judge and dismissed the application.

Any claim that it was a breach of court rules to call Mr Carter's former wife just that was untenable, he said.

Mr Carter also asked for an amendment to the original application -- which asked that the dissolution of the marriage be set aside -- because he was mentally disordered at the time. He had argued that he should have had legal representation if he was mentally disordered.

Justice MacKenzie had agreed with him but dismissed the application, saying the proceedings could not be considered a nullity as Mr Carter had a litigation guardian, appointed by the court at his own request, only five days later.

The judge said allowing it would, in effect, start the process all over again.

Justice MacKenzie ordered a date to be set for Mr Carter's next challenge to the judgment -- an application to recall it.

He terminated the appointment of David Collins, QC, as amicus to help the court, saying he had been grateful for the help provided.

However, he did not consider the public purse should continue to be burdened with the cost of a court-appointed lawyer.

- nzpa