AM v PM HC WN CIV-2011-485-2303

AM v PM HC WN CIV-2011-485-2303

The respondent wilfully disobeyed a clear and served High Court order placing the children under New Zealand guardianship; therefore the Court was entitled to issue an arrest order (form E9) authorising arrest, production before the High Court in Wellington at 10am within 72 hours after arrest in New Zealand, and potential committal under r 17.85 if non-compliance continues, while reserving immediate committal until the respondent is produced before the Court.

Citation
openlaw-fa67b379_3b25_41f8_a059_d4d74dc15933.pdf
Parties
Applicant: AM; Respondent: PM
Court
High Court
Jurisdiction
New Zealand
Judgment Date
22 June 2012
Procedural Posture
Care of Children Act 2004 Custody/guardianship and Contempt / Interlocutory Without Notice Application
Outcome
Arrest order issued; no immediate committal to prison ordered; costs reserved.
Legal Topics
Wrongful Retention, Guardianship, Arrest Order, Enforcement of Foreign Orders, Hague Convention Inapplicability
Family Law International Child Custody Civil Contempt Judicial Enforcement Wrongful Retention Guardianship Arrest Order Enforcement of Foreign Orders +1 more

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Parties

AM

Applicant

PM

Respondent

Procedural Posture

Care of Children Act 2004 Custody/guardianship and Contempt / Interlocutory Without Notice Application

Legal Issues

  1. 1 Whether the respondent is in contempt of a clear High Court order by wrongfully retaining children in India
  2. 2 Whether the High Court can issue an arrest order and ultimately commit the respondent to prison when he is outside New Zealand jurisdiction
  3. 3 How to enforce New Zealand guardianship orders when the foreign state is not a signatory to the Hague Convention

Ratio Decidendi

The respondent wilfully disobeyed a clear and served High Court order placing the children under New Zealand guardianship; therefore the Court was entitled to issue an arrest order (form E9) authorising arrest, production before the High Court in Wellington at 10am within 72 hours after arrest in New Zealand, and potential committal under r 17.85 if non-compliance continues, while reserving immediate committal until the respondent is produced before the Court.

Court Disposition

Arrest order issued; no immediate committal to prison ordered; costs reserved.

Orders

  • Issue arrest order in form E9 authorising a Sheriff at Wellington to arrest the respondent
  • Bring the respondent before the High Court at Wellington at 10am on a date no longer than 72 hours after the respondent's arrest in New Zealand