LRR v COL [2020] NZCA 89
The Court allowed the appeal but declined the application to return the child to Australia, concluding that return was not appropriate in the circumstances and setting aside the specified High Court orders.
Source-derived case information.
- Citation
- [2020] NZCA 89
- Parties
- Appellant: LRR; Respondent: COL
- Court
- Court of Appeal
- Jurisdiction
- New Zealand
- Judgment Date
- 3 April 2020
- Procedural Posture
- Child Return (hague Convention) Appeal / Court of Appeal Judgment
- Outcome
- Appeal allowed; application to return child to Australia declined; specified High Court orders set aside; leave reserved for consequential orders; no order as to costs.
- Legal Topics
- Return of Child, Habitual Residence, Grave Risk Exception, Confidentiality of Child Proceedings
Source-derived case record
Summary, issues, holding and outcome
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Parties
LRR
Appellant
COL
Respondent
Procedural Posture
Child Return (hague Convention) Appeal / Court of Appeal Judgment
Legal Issues
- 1 Whether the child should be returned to Australia
- 2 Whether Hague Convention exceptions (grave risk, consent, child objection) apply
- 3 Whether the High Court orders should be set aside
Ratio Decidendi
The Court allowed the appeal but declined the application to return the child to Australia, concluding that return was not appropriate in the circumstances and setting aside the specified High Court orders.
Court Disposition
Appeal allowed; application to return child to Australia declined; specified High Court orders set aside; leave reserved for consequential orders; no order as to costs.
Orders
- The appeal is allowed.
- The application to have the child returned to Australia is declined.
Full Case Text
Judgment text and source record
1 paragraphs
LRR v COL [2020] NZCA 89 [3 April 2020]NOTE: PURSUANT TO S 139 OF THE CARE OF CHILDREN ACT 2004, ANYREPORT OF THIS PROCEEDING MUST COMPLY WITH SS 11B, 11C AND11D OF THE FAMILY COURT ACT 1980.NOTE: HIGH COURT ORDER PROHIBITING PUBLICATION OF NAMESOR IDENTIFYING PARTICULARS OF THE PARTIES AND THE CHILDREMAINS IN FORCE.IN THE COURT OF APPEAL OF NEW ZEALANDI TE KŌTI PĪRA O AOTEAROACA743/2018[2020] NZCA 89BETWEEN LRRAppellantAND COLRespondentHearing: 6 March 2020Court: Kós P, Brown and Goddard JJCounsel: B J R Keith and D D Vincent for AppellantJ C Gwilliam and H Joubert for RespondentM M Casey QC and D Sothieson for Central Authority asIntervenerJudgment: 3 April 2020 at 2.00 pmJUDGMENT OF THE COURTA The appeal is allowed.B The application to have the child returned to Australia is declined.C The orders made by the High Court at [4] and [6] of the Minute dated29 November 2018 are set aside.D Leave is reserved to either party to apply to this Court for anyconsequential orders that may be required.E There is no order as to costs.____________________________________________________________________[Reasons to follow]Solicitors:Thomas Dewar Sziranyi Letts, Lower Hutt for AppellantMain Street Legal, Upper Hutt for Respondent