Inger Blackford
Geoffrey Mark Sandelin
Interpretations of the Hague Child Abduction Convention 1980 in New Zealand Since COCA: Cause for Concern?
T.B. v. J.B. (Abduction: Grave Risk of Harm) [2001] 2 FLR 515
Appeal allowed and return ordered; by a majority verdict the Court of Appeal found that none of the exceptions had been proved to the standard required under the Convention.
Arthur & Secretary, Department of Family & Community Services and Anor [2017] FamCAFC 111, (2017) FLC 93-781
https://www.incadat.com/en/case/11
Fairfax v. Ireton [2009] 1 NZLR 540
Secretary, Attorney-General’s Department v. TS (2001) FLC 93-063, [2000] FamCA 1692, 27 Fam LR 376
Return refused; the removal was wrongful but the child was found to have become settled in his new environment.
Simpson v Hamilton [2019] NZCA 579
The parents, both German nationals, lived together and had a child in Germany. In 2014 the mother took the child to New Zealand without the consent of the father. In 2016 the father discovered that they were in New Zealand and made an application to the German Central Authority for the return of the child […]
Bakker v. Bakker [2020] BCSC 1620
Removal and Retention – Arts 3 and 12 After applying an objective test the court found that an agreement was made between the parties to return the child to New Zealand in July 2020. The Court came to no firm conclusion as to whether the father’s consent was invalidated as it was based on false […]
LRR v COL [2020] NZCA 209
The mother and the father were living in Australia with their son, H. Following the break-down of their relationship, the mother moved to New Zealand with H, then aged 2 and a half. The New Zealand Central Authority applied to the Family Court on behalf of the father for an order for the return of […]
