New Zealand Case Law: Decisions & Judgments | LexChat

Topic

Custody rights

Legal area

Court

27 Oct 2023

ROSSI v ROSSI [2023] NZHC 3006

Citation

[2023] NZHC 3006
Court

High Court

The High Court upheld the Family Court's factual finding that, on objective assessment of parental settled purpose and residence patterns, the child was habitually resident in the United Kingdom immediately before retention in New Zealand; the Family Court's assessment was open to it and no legal error was shown, so the order for return under s 105 was upheld.
11 Dec 2018

GREEN v WHITE [2018] NZHC 3249

Citation

[2018] NZHC 3249
Court

High Court

The High Court concluded the children were habitually resident in Australia immediately before removal due to their and their parents' integration into Australian life and absence of a settled mutual intention to relocate; the mother failed to discharge the high onus under s106(1)(c) to show a grave risk of physical or psychological harm or that return would place the children in an intolerable situation, so the Family Court's return order was upheld.