district court logo

Ahmad v Hassan [2023] NZFC 6888

Published 12 December 2023

Prevention of the removal of child — relocation — overseas travel — sharia law — Care of Children Act 2004 ss 5 & 77 — Hague Convention. The parties had been married with children but were now separated. Previously, the respondent father applied for and obtained an order preventing the removal of the children from the country (OPR). In the current proceedings, the applicant mother was seeking the suspension of the OPR to allow her and the children to visit her sister in the USA following the sister's major surgery. The respondent opposed this application, claiming that the applicant had strong reasons to permanently relocate to the USA on the basis that nearly her entire family now lives there. The applicant responded to these claims by saying that this was another way the respondent was trying to exert power and control over her. The children's position was that they were excited and eager to visit their family and would be upset if they were not allowed to go. The Court was satisfied that the benefits of travel outweighed the risks. An order was made suspending the OPR, on the condition that the applicant lodge a $2,000 bond with the registry that would be forfeit if she did not return with the children. Further provisions were also made, ensuring contact between the father and children during the trip, and for copies of travel documents, itineraries and addresses where the applicant and the children would be staying to be sent to the father. Judgment Date: 22 June 2023 * * * Note: names have been changed to comply with legal requirements. * * *