New Zealand Case Law: Decisions & Judgments | LexChat

Topic

International child removal

Legal area

Court

23 May 2019

F & ANOR v CUSTOMS OFFICER X & ORS [2019] NZHC 1141 .

Citation

[2019] NZHC 1141
Court

High Court

Applicant appointed litigation guardian because his and the child's interests align and he is competent to conduct proceedings; service on the child dispensed with due to age and location; interim suppression orders (names of applicant, child, mother and the country) and non‑search order granted because the limited public interest in disclosure and the specific risk that publication would prejudice the child's recovery by alerting the mother or foreign authorities justified a departure from open justice, with leave reserved for defendants to apply for review.
1 Sept 2010

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

Citation

openlaw-1a2aa072_0220_464e_ae1f_bac7cc615dc7.pdf
Court

High Court

The High Court had jurisdiction to hear the habeas corpus application despite the detention originating abroad; the father failed to establish that his custody of the children was lawful under s 14, given an operative Tongan Supreme Court custody order and findings of contempt, and therefore the children were unlawfully detained; the appropriate forum for substantive custody issues is the Supreme Court of Tonga and the Court will grant the writ subject to terms and with an adjournment to determine those terms.