New Zealand : How New Zealand courts approach difficult Hague Convention cases
Henaghan, Mark
New Zealand : How New Zealand courts approach difficult Hague Convention cases Mark Henaghan and Christian Poland - Cambridge, England : Cambridge University Press, 2021
In: International survey of family law 2021 (pp. 357-380) / edited by Margaret Brinig
Two major cases in New Zealand have taken novel approaches when applying the Hague Convention on the Civil Aspects of International Child Abduction. In Simpson v. Hamilton, although the Court of Appeal accepted that none of the grounds for not returning a child were made out, the Court still decided that the child should remain in New Zealand. In LRR v. COL, the Court of Appeal refused to order that the child be returned, after examining how the return would impact on the mother and, thereby, create an intolerable situation for the child. In both cases, the courts were determined to do what they thought was in the particular child's best interests. (Authors' introduction). Record #8326
9781839702020
CHILD EXPOSURE TO VIOLENCE
CHILDREN'S RIGHTS
Convention on the Civil Aspects of International Child Abduction 1980
DOMESTIC VIOLENCE
FAMILY LAW
INTERNATIONAL LAW
INTIMATE PARTNER VIOLENCE
SEPARATION
VICTIMS OF DOMESTIC VIOLENCE
WOMEN
NEW ZEALAND
New Zealand : How New Zealand courts approach difficult Hague Convention cases Mark Henaghan and Christian Poland - Cambridge, England : Cambridge University Press, 2021
In: International survey of family law 2021 (pp. 357-380) / edited by Margaret Brinig
Two major cases in New Zealand have taken novel approaches when applying the Hague Convention on the Civil Aspects of International Child Abduction. In Simpson v. Hamilton, although the Court of Appeal accepted that none of the grounds for not returning a child were made out, the Court still decided that the child should remain in New Zealand. In LRR v. COL, the Court of Appeal refused to order that the child be returned, after examining how the return would impact on the mother and, thereby, create an intolerable situation for the child. In both cases, the courts were determined to do what they thought was in the particular child's best interests. (Authors' introduction). Record #8326
9781839702020
CHILD EXPOSURE TO VIOLENCE
CHILDREN'S RIGHTS
Convention on the Civil Aspects of International Child Abduction 1980
DOMESTIC VIOLENCE
FAMILY LAW
INTERNATIONAL LAW
INTIMATE PARTNER VIOLENCE
SEPARATION
VICTIMS OF DOMESTIC VIOLENCE
WOMEN
NEW ZEALAND