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Payne v Wood [2022] NZFC 1015

Published 05 July 2022

Application for return of child — grave risk of return — Care of Children Act 2004, ss 94-110 — Hague Convention on the Civil Aspects of International Child Abduction — LRR v COL [2020] NZCA 209 — Summer v Green [2021] NZHC 3111 — Re E (Children) (Abduction:Custody Appeal) [2011] UKSC 27, [2012] 1 AC 144. The applicant father applied to the Court for an order that the parties' child be returned to him in Australia. The parties had lived together in Australia where the child, now aged 18 months, was born. Following a holiday to New Zealand, the respondent mother refused to return to Australia and retained the child in New Zealand. The mother's defence to the application was that there was a grave risk to the child's physical and/or psychological safety, or returning to Australia would otherwise place him in an intolerable situation. The Judge considered the evidence of the parties in relation to these allegations and concluded that they were not established on the evidence. The defence therefore failed and the Judge directed that counsel for the applicant file draft orders for the prompt return of the child to Australia. Judgment Date: 4 February 2022. * * * Note: names have been changed to comply with legal requirements. * * *