New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Care of children act 2004 s106
  • 18 Feb 2009

    M T V D H CA CA776/2008

    Citation
    openlaw-62bc04a5_b58f_46be_a000_b2aa0016a027.pdf
    Court
    Court of Appeal

    Special leave to appeal was declined because the appellant failed to demonstrate any arguable error in the Family Court or High Court decisions; she did not establish that return would expose the children to a grave risk of physical or psychological harm or otherwise place them in an intolerable situation, nor that return would breach fundamental rights, particularly given the protections and procedures available through the Australian Central Authority and Family Court.

    • Return of child under hague convention
    • Care of children act 2004 s105
    • Care of children act 2004 s106
    • Grave risk exception
    • Fundamental rights exception
    • Apprehended violence order
  • 18 Feb 2009

    M T V D H CA CA776/2008

    Citation
    openlaw-da8fc637_fc5a_40b1_8082_4f0d0376c38c.pdf
    Court
    Court of Appeal

    Special leave to appeal was declined because the appellant failed to demonstrate any arguable error in the Family Court or High Court in applying s105 and s106; Australian authorities and courts provide adequate safeguards and there is no established grave risk or human rights breach to displace the statutory obligation to return the children.

    • Return of child
    • Care of children act 2004 s105
    • Care of children act 2004 s106
    • Hague convention on the civil aspects of international child abduction
    • Apprehended violence order
    • Grave risk exception