CRP V LPD HC NWP CIV 2012-443-165

CRP V LPD HC NWP CIV 2012-443-165

Appeal allowed by consent on the basis of changed circumstances: parties agreed risks on return could be managed by specified parenting orders, undertakings (including no retribution) and counselling; matter remitted to the Family Court with direction to make a return order under s105 on terms reflecting the parties' agreement.

Citation
openlaw-df7d5891_2446_413a_836f_9ed5142392f9.pdf
Parties
Appellant: CRP; First Respondent: LPD; Second Respondent: JBB
Court
High Court
Jurisdiction
New Zealand
Judgment Date
1 June 2012
Procedural Posture
International Child Abduction Return Application (care of Children Act S105) / High Court Appeal (consented Allowance; Remitted to Family Court for Return Order)
Outcome
Appeal allowed by consent; application for return remitted to the Family Court with direction that an order for return be made under s105 of the Care of Children Act 2004
Legal Topics
Child Abduction Return, Grave Risk Defence, Wishes of the Child, Remittal to Family Court, Parenting Orders, Counselling Undertakings
Family Law International Law Child Protection Hague Convention Statutory Interpretation Child Abduction Return Grave Risk Defence Wishes of the Child +3 more

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Parties

CRP

Appellant

LPD

First Respondent

JBB

Second Respondent

Procedural Posture

International Child Abduction Return Application (care of Children Act S105) / High Court Appeal (consented Allowance; Remitted to Family Court for Return Order)

Legal Issues

  1. 1 Whether the Family Court correctly found affirmative defences (grave risk/intolerable situation) established
  2. 2 Appropriate weight to the children's expressed wishes
  3. 3 Whether changed circumstances justify allowing the appeal by consent

Ratio Decidendi

Appeal allowed by consent on the basis of changed circumstances: parties agreed risks on return could be managed by specified parenting orders, undertakings (including no retribution) and counselling; matter remitted to the Family Court with direction to make a return order under s105 on terms reflecting the parties' agreement.

Court Disposition

Appeal allowed by consent; application for return remitted to the Family Court with direction that an order for return be made under s105 of the Care of Children Act 2004

Orders

  • Matter remitted to the Family Court with direction to make an order for return under s105 Care of Children Act 2004 on terms reflecting the parties' joint memorandum
  • Parenting orders and conditions (including counselling in Australia and undertakings of no retribution) to be sought in the Family Court and registered in the relevant Australian Family Court proceedings