18 Sept 2017
QAMUS v ROWLEY [2017] NZHC 2260
- Citation
- [2017] NZHC 2260
- Court
- High Court
The High Court held the s105 requirements were met and that the s106 exceptions were not established: on the evidence the child would not be exposed to a grave risk of psychological harm if returned to the United States without his mother, and the child's objection, while genuine and to separation from his mother, was not of sufficient weight to defeat the presumption of return; consequently the residual discretion was exercised to order return consistent with the Hague Convention and the Massachusetts court's prior custody findings.