Case Law Search

Two children allegedly wrongfully removed at ages 2 and 3 – Father national of New Zealand – Mother national of Australia – Mother the primary carer of the children – Children lived in New Zealand until May 2019 – Appeal allowed and return refused – Main issues: Article 13(1)(b) - Though New Zealand has sophisticated systems in place to protect victims of family violence, it was established that the children’s parents had persistently thwarted attempts by similar agencies in Australia to keep the mother and children safe. There was no evidence which suggests that any conditions would be effective ; COVID-19 – despite the fact travel bans were in place between Australia and New Zealand, as the case was based on a request by New Zealand to return the children, the court proceeded on the basis that the children and the mother were still able to leave Australia and enter New Zealand. If the court had decided to order a return to New Zealand they would have required further submissions concerning the effect on the children and the mother in the present crisis.