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Mercer v Mercer [2022] NZFC 5478

Published 30 January 2023

Application for return of child — parenting order — Care of Children Act 2004, ss 105, 106, 109 & 110 — Hague Convention on the Civil Aspects of International Child Abduction — White v Northumberland [2006] NZFLR 793, (2006) 25 FRNZ 963, [2006] NZFLR 1105 (CA). The applicant mother sought an order from the Court for the return of the parties' two children from New Zealand to Australia. The children had been on holiday visiting their father in New Zealand, and failed to return to Australia. The respondent father informed the mother that the children wished to live with him and learn their Maori whakapapa and culture. The children confirmed what the father had said. The mother agreed to allow the children to remain in New Zealand so long as they were happy, but subsequently sought the order after one child expressed a wish to return. Lawyer for the children recorded that despite feeling pressured by their mother, both children wished to stay in New Zealand. The mother accepted the children's views and the father was no longer required to prove the defence grounds under s 106 of the Care of Children Act. Given the age of the children, the Court gave considerable weight to their views and determined that the grounds for the children's objection to return under s 109 were established. The application for an order to return the children to Australia was dismissed, and final parenting orders were made in favour of the respondent. Judgment Date: 9 June 2022 * * * Note: names have been changed to comply with legal requirements. * * *