F V J HC WN CIV-2013-485-000795

F V J HC WN CIV-2013-485-000795

The application for a stay was dismissed because the court found the child's welfare and best interests outweighed the father's concerns: returning the child to Riyadh would provide stability and distance from parental conflict, the status quo was constructed by the father's earlier removal and therefore less persuasive, the mother's credibility and assurances reduced the risk of non-return (mitigated further by a $10,000 security), the appeal was bona fide and could be heard promptly, and these factors together justified allowing relocation to proceed pending the appeal.

Citation
openlaw-c9e512ba_7bce_4bb7_93d4_dffb17d4cf91.pdf
Parties
Appellant/respondent: F; Respondent/applicant: J; Child: H
Court
High Court
Jurisdiction
New Zealand
Judgment Date
14 May 2013
Procedural Posture
Care of Children Act 2004 Proceedings (parenting/relocation) / Application for Stay of Family Court Relocation Order Pending High Court Appeal
Outcome
Application to prevent relocation (stay) dismissed; Family Court orders permitting relocation remain in force pending appeal subject to conditions
Legal Topics
Relocation of Child, Stay Pending Appeal, Parenting Orders, Best Interests of the Child, Jurisdiction, Enforcement/security
Family Law Child Welfare International Relocation Relocation of Child Stay Pending Appeal Parenting Orders Best Interests of the Child Jurisdiction +1 more

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Parties

F

Appellant/respondent

J

Respondent/applicant

H

Child

Procedural Posture

Care of Children Act 2004 Proceedings (parenting/relocation) / Application for Stay of Family Court Relocation Order Pending High Court Appeal

Legal Issues

  1. 1 Whether a Family Court order permitting relocation of a young child to Saudi Arabia should be stayed pending appeal
  2. 2 Whether relocation would render an appeal nugatory or prejudice father's contact rights
  3. 3 Whether the child's welfare and best interests require relocation pending appeal

Ratio Decidendi

The application for a stay was dismissed because the court found the child's welfare and best interests outweighed the father's concerns: returning the child to Riyadh would provide stability and distance from parental conflict, the status quo was constructed by the father's earlier removal and therefore less persuasive, the mother's credibility and assurances reduced the risk of non-return (mitigated further by a $10,000 security), the appeal was bona fide and could be heard promptly, and these factors together justified allowing relocation to proceed pending the appeal.

Court Disposition

Application to prevent relocation (stay) dismissed; Family Court orders permitting relocation remain in force pending appeal subject to conditions

Orders

  • Ms J to pay $10,000 into the High Court as security to be held in case she fails to return to New Zealand with H for the appeal hearing
  • If Ms J fails to return with H for the appeal the $10,000 security is to be released to Mr F's lawyers to assist his travel to Saudi Arabia or another convenient country to enable contact with H