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Kanda v Kanda [2021] NZFC 7903

Published 19 August 2022

Suspension of court order — non-removal order — Covid-19 — global pandemic — Hague convention — Care of Children Act 2004, s 5. The applicant mother sought the suspension of a court order that prevented her from removing the parties' child from New Zealand. She intended to take the child overseas to attend a relative's funeral. The respondent father opposed the suspension because of the risks presented by the Covid-19 pandemic, including the risks that the applicant and the child would contract Covid-19 while away and that they would become stranded and unable to return to New Zealand. The first and paramount consideration for the Court was the welfare and best interests of the child. Given the young age of the child, his views were not decisive. Lawyer for the child submitted that the travel could benefit the child in immersing him in his cultural heritage, but also pointed out that Covid-19 could cause borders to close suddenly and disrupt travel plans. The Court agreed with this argument and observed that becoming stranded overseas would have a major impact on the child's relationship with his father. The application was declined. Judgment Date: 2 August 2021. * * * Note: names have been changed to comply with legal requirements. * * *