New Zealand Case Law: Decisions & Judgments

Topic

Child objection to return

Legal area

Court

5 Aug 2022

ANDERSEN v LEWIS [2022] NZHC 1924

Citation

[2022] NZHC 1924
Court

High Court

The father's further affidavit was refused because it was not fresh or cogent and would only reopen substantive welfare matters beyond the summary Convention inquiry; however an independent s133 psychological report was ordered (to be prepared by Leslie Abrahamson) because an expert assessment was necessary to determine the authenticity of the child's objection despite the Convention's need for prompt resolution.
18 Sept 2017

QAMUS v ROWLEY [2017] NZHC 2260

Citation

[2017] NZHC 2260
Court

High Court

The High Court held the s105 requirements were met and that the s106 exceptions were not established: on the evidence the child would not be exposed to a grave risk of psychological harm if returned to the United States without his mother, and the child's objection, while genuine and to separation from his mother, was not of sufficient weight to defeat the presumption of return; consequently the residual discretion was exercised to order return consistent with the Hague Convention and the Massachusetts court's prior custody findings.
29 Aug 2006

W V N CA CA132/06

Citation

openlaw-eaf8de9a_ec9d_4954_bdae_f573ea2c882e.pdf
Court

Court of Appeal

The Court of Appeal adopts the Balcombe 'shades of grey' approach: where a child objects and is of sufficient age and maturity the court must assess what weight to give those views and then exercise a residual statutory discretion which gives significant weight to the Hague Convention's policy favouring return; the Care of Children Act does not displace that statutory framework and general welfare considerations are only relevant in a limited, pragmatic way (eg interim practicalities); on the facts the residual discretion was correctly exercised and the child must be returned to England.

New Zealand Case Law

ANDERSEN v LEWIS [2022] NZHC 1924

QAMUS v ROWLEY [2017] NZHC 2260

W V N CA CA132/06