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New Zealand : Mark Henaghan and Christian Poland How New Zealand courts approach difficult Hague Convention cases

By: Contributor(s): Material type: ArticleArticleAnalytics: Show analyticsPublication details: Cambridge, England : Cambridge University Press, 2021ISBN:
  • 9781839702020
Subject(s): Online resources: In: International survey of family law 2021 (pp. 357-380) / edited by Margaret BrinigSummary: 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
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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