22 Nov 2019
SIMPSON v HAMILTON [2019] NZCA 579
- Citation
- [2019] NZCA 579
- Court
- Court of Appeal
The Court held that at the time of the Family Court hearing (August 2017) none of the statutory exceptions under s106 was properly established: the 'settled' defence failed because settlement was founded on concealment, deceit and imminent deportation; the child's objection was vitiated by undue influence and false premises from the mother; therefore the Family Court should have ordered return to Germany in 2017. However, because of significant intervening events and delay (notably the father's forcible uplift of the child from school in September 2017 causing PTSD and a material change in th…