Published 03 November 2016
Abduction of children to New Zealand — grave risk of physical or psychological harm to the child — intolerable situation — Care of Children Act 2004, ss 105 and 106 — Hague Convention on the Civil Aspects of International Child Abduction. An application pursuant to s 105 COCA for the return of two children abducted to New Zealand was granted. The respondent argued that there was a grave risk that the children’s return would expose them to physical or psychological harm or would otherwise place the children in an intolerable situation (s 106(1)(c) (i) and (ii)). The high threshold required to satisfy those grounds was not met. The Australian courts were the appropriate place for matters to be resolved. Judgment Date: 14 June 2016. * * * Note: names have been changed to comply with legal requirements.* * *
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