Published 02 March 2017
Order for return of child abducted to New Zealand — Care of Children Act 2004, ss 103, 105 and 106 — Hague Convention on the Civil Aspects of International Child Abduction 1980. An application for the return of a child abducted to New Zealand by the mother was granted. The child would return to the country in which she was habitually resident in accordance with the principles of the Hague Convention. It was accepted that the s 105 grounds were made out, and the mother could not satisfy the Court on the basis of s 106 defences that an order for return should not be made. The mother sought to rely on a grave risk of the child being exposed to harm or placed in an intolerable situation, and that the child was opposed to the return. These grounds could not be substantiated on the evidence, which included expert opinion that the child was aligning her views with that of the mother and not rationally assessing the long term implications of loss of paternal family relations. Judgment Date: 8 September 2016. * * * Note: Names have been changed to comply with legal requirements * * *
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