Simpson v Hamilton [2019] NZCA 579

INCADAT legal file Hague parental abduction

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

INCADAT legal file Hague parental abduction

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

INCADAT legal file Hague parental abduction

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 […]