Published 02 March 2017
Habitual residence — wrongful retention — relocation — Care of children Act 2004, s 105 — Punter v Secretary for Justice [2007] 1 NZLR 40. The issues in this case were determining whether the child's habitual place of residence was Australia or New Zealand and whether the child had been wrongfully removed/retained (s 105). In determining the question of habitual residence the Judge stated that the arbitrary calculation of time as a proportion of a very young child's life overstated the significance of time as a factor. It was determined that the child was a habitual resident of Australia and the mother had wrongfully retained the child in New Zealand. No consent had been given for the child to move to New Zealand and the Judge ordered the child's return (not being satisfied that there was reason to exercise discretion to decline return). Judgment Date: 29 August 2016. * * * Note: Names have been changed to comply with legal requirements * * *
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