8 Nov 2018
C O L v L R R [2018] NZHC 2902
- Citation
- [2018] NZFLR 884
- Court
- High Court
The High Court allowed the father's appeal, finding the Family Court erred in concluding the mother had discharged the onus under s106(1)(c) to establish a grave risk or that return would place the child in an intolerable situation; factual context (separation of parents, availability of Australian Family Court processes, likely care arrangements and potential assistance) did not meet the high threshold for refusal of return.