New Zealand Case Law: Decisions & Judgments

Topic

Return of children

Legal area

Court

26 Jul 2023

CRESSWELL V ROBERTS [2023] NZHC 1970

Citation

[2023] NZHC 1970
Court

High Court

The High Court rescinded the interim stay because it lacked jurisdiction to entertain an appeal against a Family Court interlocutory/ancillary order (the warrant to enforce) without Family Court leave under s143(3) Care of Children Act; the warrant was properly characterised as ancillary to the final s105 return order, and the asserted change of circumstances (mother's decision not to return) did not meet the high threshold of exceptional or fundamental change that would render enforcement pointless; consequently the Family Court's decision to issue the warrant was lawful and the stay was wro…
7 Jun 2019

A v H [2019] NZHC 1283

Citation

[2019] NZHC 1283
Court

High Court

On the balance of probabilities the High Court affirmed the Family Court's conclusion that the children acquired habitual residence in New Zealand by virtue of the parents' settled purpose to relocate in March 2017, evidenced by a 12-month lease, property inquiries, retention of the rental during a fortnight in Fiji, and conduct inconsistent with an intention to return to Fiji; accordingly the appeal was dismissed.
10 May 2019

SG v DSG [2019] NZHC 1015

Citation

[2019] NZHC 1015
Court

High Court

Because the father was resident in India, had assumed day to day custody of the children and manifested no intention to comply with interim guardianship orders, the Court was empowered and obliged to order him to take all reasonable steps (including providing passport photos, collecting passports, booking flights and serving itineraries) to return the children to New Zealand to give effect to the interim orders; detailed arrangements for the mother's and Oranga Tamariki's assistance were unnecessary where agreement already existed and could be managed without further order.
21 Feb 2017

OLSSON v CULPAN [2017] NZHC 215

Citation

[2017] NZHC 215
Court

High Court

The applicant was entitled to a writ of habeas corpus requiring the respondent to deliver the two children to her and the Court, exercising powers under the Care of Children Act 2004 (or alternatively parens patriae), properly made consent orders implementing a detailed memorandum of arrangements for the children’s immediate welfare; costs were reserved with specified filing timelines.
2 Sept 2010

KAUFUSI V KLAVENES HC AK CIV-2010-404-005635

Citation

openlaw-ced537d3_74a3_4df1_b17e_ff8238d4e391.pdf
Court

High Court

The Court granted a writ of habeas corpus ordering the release of the two children to effect their travel to Tonga under the parties' agreed and specific conditions controlling contact, travel logistics and interim shared care, and discharged the prior New Zealand prohibition on removal upon confirmation that the children were seated on the specified flight.
4 Feb 2009

MT V DH SC 2/2009

Citation

SC 2/2009
Court

Supreme Court

Leave to appeal was refused because the applicant's grounds did not raise issues of general or public importance nor an arguable risk of substantial miscarriage of justice; the Court of Appeal judge's refusal to grant a stay was a view on the weight of competing considerations and was not shown to be wrong.

New Zealand Case Law

CRESSWELL V ROBERTS [2023] NZHC 1970

A v H [2019] NZHC 1283

SG v DSG [2019] NZHC 1015

OLSSON v CULPAN [2017] NZHC 215

KAUFUSI V KLAVENES HC AK CIV-2010-404-005635

MT V DH SC 2/2009