10 Oct 2023
DFT v MANUKAU FAMILY COURT AND ORS [2023] NZHC 2840
- Citation
- [2023] NZHC 2840
- Court
- High Court
The children were not 'detained' for the purposes of the Habeas Corpus Act because they were living with their father pursuant to valid Family Court orders; restrictions inherent in Family Court care orders do not amount to close custody or detention under the Act, and the Family Court is the appropriate forum to determine complex care matters, therefore habeas corpus relief is unavailable and the application is dismissed.