Jake Dodd v Amelie Marsh [2017] NZFC 638

Published 15 May 2017

Child abduction — Hague Convention on the Civil Aspects of International Child Abduction — whether there was a grave risk that return would expose child to physical or psychological abuse — Care of Children Act 2004, ss 105 and 106 (1)(c). The court ordered the return of the abducted child to Australia whilst the substantive issue as to day-to-day care was determined. The court found that the child was not at risk of being exposed to physical or psychological harm after considering whether the mother's mental health would deteriorate on return to Australia, whether the separation of the child in question from her sibling in the short term would adversely affect the child in question, and whether the removal of the child from a stable pre-school setting in New Zealand would have similar effects. On the balance of probabilities the court found that the return of the child to Australia would not involve a grave risk of exposure of the child to harm, or would not otherwise place the child in an intolerable situation and the child was ordered to be returned to Australia. Judgment Date: 2 February 2017. * * * Note: Names have been changed to comply with legal requirements * * *