29 Aug 2023
ANDREWS v BUCKLEY [2023] NZHC 2372
- Citation
- [2023] NZHC 2372
- Court
- High Court
The High Court found on the evidence that Thomas was settled in New Zealand and that his objection carried weight despite paternal influence; having regard to the circumstances that produced the s106 exceptions and applying the Court of Appeal's approach in LRR v COL (that where an exception is made out the court's discretion must be exercised in the child's best interests), the court declined to order return because removal would be contrary to Thomas' welfare and best interests.