Adams v. Wigfield [1993] 11 FRNZ 270

INCADAT legal file Hague parental abduction

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Information:

The child, a boy, was born on 15 June 1990. The parents were not married. On 28 September 1991 they moved from New Zealand to Australia to attempt a reconciliation. They separated on 30 November 1991.
On 1 May 1992 the Brisbane Family Court made the parents joint guardians of the child, with the mother being granted sole custody and the father access. Both parties were restrained from removing the child from Australia without the consent in writing of the other. The mother was however given specific permission to take the child from Australia for two weeks in early June.
Pursuant to the order the mother went to New Zealand with the child but she did not return.
On 14 August 1992 the father applied for the return of the child. On 10 September 1993 the District Court of Hamilton ordered the return of the child to Australia.
The mother appealed.