3 Apr 2020
LRR v COL [2020] NZCA 209
- Citation
- [2020] 2 NZLR 610
- Court
- Court of Appeal
The Court of Appeal allowed the mother's appeal and declined the return order because the evidence (including fresh expert psychological evidence) established a grave risk that return to Tasmania would cause the mother's relapse in mental illness and substance abuse, resulting in loss of her effective parenting and placing the child in an intolerable situation that he cannot be expected to tolerate; protective measures and conditions were not shown to be practically effective to remove that risk, and where a grave risk is made out the discretion to order return will not properly be exercised.