16 Nov 2006
SECRETARY FOR JUSTICE (AS THE NEW ZEALAND CENTRAL AUTHORITY ON BEHALF OF T J) V H J SC 36/2006
- Citation
- SC 36/2006
- Court
- Supreme Court
Once a s 106(1)(a) settlement ground is established there is no presumption in favour of return; the court must determine whether return should be ordered principally by reference to the child's welfare and best interests under s 4(1), while also taking into account the Convention's purposes and any countervailing factors (eg concealment) that clearly outweigh the child's interests; on the facts return would have been contrary to these children's welfare and the appeal is dismissed.