Published 01 December 2016
Child abducted to New Zealand — Care of Children Act 2004, ss 103 and 106 — Hague Convention on the Civil Aspects of International Child Abduction 1980 — HJ v Secretary of Justice (2006) 26 FRNZ 168 — H v H (1995)13 FRNZ 498. An order was made for the return of a child abducted to New Zealand. It was determined under s 103 that the child (who was currently with the mother in New Zealand), was habitually resident in Australia and the father had been exercising custody rights. The mother’s attempts to rely on s 106 grounds of refusal were rejected. Case law was considered regarding the “grave risk” and “intolerable situation” grounds in s 106, and the threshold was not met for either (“HJ v Secretary of Justice” and “H v H”). The Australian Courts were the correct forum for determining any issues surrounding the mother’s contact. Judgment Date: 26 August 2016. * * * Note: names have been changed to comply with legal requirements. * * *
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