6 Mar 2015
PONSONBY v MAITLAND [2015] NZHC 380
- Citation
- [2015] NZHC 380
- Court
- High Court
The Family Court correctly gave precedence to the Hague Convention return application under Article 16 and s109 of the Care of Children Act because paternity proceedings were a collateral attempt to alter the applicant's custody status at the time of retention, potentially frustrating the operation of the Convention; CROC does not displace the Convention's priority and does not require paternity proceedings be heard first; appeal dismissed.