Application for return of children — safety — grave risk — intolerable situation — domestic violence — physical abuse — psychological abuse — Care of Children Act 2004, ss 105 & 106 — Hague Convention on the Civil Aspects of International Child Abduction — Clarke v Carson [1995] 13 FRNZ 662 — A v Central Authority for New Zealand [1996] 2 NZLR 517 — KMH v Chief Executive of Department for Courts [2001] NZFLR 825 — S v S [1999] NZFLR 625. The applicant father sought the return of the parties' two children to Australia. Near the end of 2018 the mother had unilaterally moved to New Zealand with the children. She submitted she had done so to escape the abuse she suffered at the hands of the applicant. Under s 105 of the Care of Children Act (the Act), the father had to prove the children were in New Zealand, they had been removed from Australia in breach of his rights of custody, at the time of removal he was exercising those rights and the children were habitually resident in Australia immediately before their removal. All of the requirements were met and the mother accepted that was the case. She raised a statutory defence under s 106(1)(c) of the Act that there was a grave risk that the children's return would expose them to physical or psychological harm or place them in an intolerable situation. Referring to case law, the Judge stated the risk must be weighty, it must be likely rather than possible, and its consequences must be serious. Additionally the harm must be more than the natural consequences of the disruption of removal and return. Although finding the applicant likely was abusive towards the respondent mother, there was no evidence that the children were at risk. Further, the Judge believed that Australian authorities could intervene should the applicant harm the respondent again. The Judge also noted that the order for return only specified that the children must go back to Australia. It was open to the respondent to move to a different home or city away from the applicant. The application for the children's return was granted. Judgment Date: 13 September 2019. * * * Note: names have been changed to comply with legal requirements. * * *