New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

International child abduction (hague convention)
  • 21 Aug 2009

    S V I HC HAM CIV 2009-419-139

    Citation
    openlaw-6a07d247_af8f_408e_86ba_a4b2c8be7e0b.pdf
    Court
    High Court

    The High Court allowed the appeal, set aside the Family Court costs order and held that, in light of the substantive appellate findings by Keane J which undermined key factual bases relied on by the Family Court judge, the threshold of 'exceptional circumstances' under s40 Legal Services Act 2000 was not established; accordingly there was no jurisdiction to make the s40(5) costs specification and no order for costs in the Family Court.

    • Care of children act 2004
    • Costs
    • Legal services act 2000 s40
    • Guardianship
    • International child abduction (hague convention)