22 Mar 2002
LCHY v. CWF & OTHERS
- Citation
- LCHY v. CWF & OTHERS
- Court
- Court of First Instance
- Case number
- HCMP5231/2001
The court held the children remained habitually resident in New Zealand at the time of wrongful retention; the mother retained rights of custody under New Zealand law; the uncle and aunt's retention after the mother's demand (18 September 2001) and after 28 September 2001 was wrongful under Article 3; Article 13(b) grave risk was not established on the evidence because adequate monitoring and protective services in New Zealand, together with proposed procedural safeguards, mitigated the risk; accordingly the court ordered return to New Zealand subject to the condition that appropriate protect…