New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Warrant of enforcement
  • 26 Jul 2023

    CRESSWELL V ROBERTS [2023] NZHC 1970

    Citation
    [2023] NZHC 1970
    Court
    High Court

    The High Court rescinded the interim stay because it lacked jurisdiction to entertain an appeal against a Family Court interlocutory/ancillary order (the warrant to enforce) without Family Court leave under s143(3) Care of Children Act; the warrant was properly characterised as ancillary to the final s105 return order, and the asserted change of circumstances (mother's decision not to return) did not meet the high threshold of exceptional or fundamental change that would render enforcement pointless; consequently the Family Court's decision to issue the warrant was lawful and the stay was wro…