Care of Children Act 2004

105 Application to court for return of child abducted to New Zealand

• (1) An application for an order for the return of a child may be made to a court having jurisdiction under this subpart by, or on behalf of, a person who claims—

  • (a) that the child is present in New Zealand; and

  • (b) that the child was removed from another Contracting State in breach of that person’s rights of custody in respect of the child; and

  • (c) that at the time of that removal those rights of custody were actually being exercised by that person, or would have been so exercised but for the removal; and

  • (d) that the child was habitually resident in that other Contracting State immediately before the removal.

  (2) Subject to section 106, a court must make an order that the child in respect of whom the application is made be returned promptly to the person or country specified in the order if—

  • (a) an application under subsection (1) is made to the court; and

  • (b) the court is satisfied that the grounds of the application are made out.

  (3) A court hearing an application made under subsection (1) in relation to the removal of a child from a Contracting State to New Zealand may request the applicant to obtain an order from a court of that State, or a decision of a competent authority of that State, declaring that the removal was wrongful within the meaning of Article 3 of the Convention as it applies in that State, and may adjourn the proceedings for that purpose.

  (4) A court may dismiss an application made to it under subsection (1) in respect of a child or adjourn the proceedings if the court—

  • (a) is not satisfied that the child is in New Zealand; or

  • (b) is satisfied that the child has been taken out of New Zealand to another country.

  Compare: 1991 No 19 s 12