27 Feb 2023
ROBERTS v CRESSWELL [2023] NZCA 36
- Citation
- [2023] NZCA 36
- Court
- Court of Appeal
On the evidence available at the time of this Court's hearing, including the modified interim orders made by the French Family Court providing for week‑about shared care and financial contribution by father, and after critical assessment of the mother's psychiatric evidence (diagnosis of PTSD) as not establishing the required degree of forward‑looking, grave risk, the Court was not satisfied that return would place the children in an intolerable situation; accordingly the High Court's quashing of the Family Court return order was set aside and the Family Court order for return reinstated.