28 Sept 2020
D (CA504/2020) v JUDGE J G ADAMS [2020] NZCA 454
- Citation
- [2020] NZCA 454
- Court
- Court of Appeal
The Court held there was no unlawful detention of the appellant or her children by the Family Court orders; even accepting that custody or guardianship orders can amount to detention in principle, the Family Court's well‑reasoned four‑day hearing and orders did not produce unlawful detention and habeas corpus was not the appropriate procedure to challenge those orders under s 14(1A)(b) of the Habeas Corpus Act 2001; the appellant's remedy is by appeal or judicial review, accordingly the appeal was dismissed.