Section 103 — Care of Children Act 2004: Child abducted to New Zealand

103 Child abducted to New Zealand (1) The Authority must take action under the Convention to secure the prompt return of the child to a Contracting State other than New Zealand if the Authority receives, in respect of a child, an application claiming— (a) that the child is present in New Zealand; and (b) that the child was removed from that other Contracting State in breach of the applicant's rights of custody in respect of the child; and (c) that at the time of the removal those rights of custody were actually being exercised by the applicant, 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) Subsection (1) is subject to sections 104 and 123 . (3) In particular, the Authority must take or cause to be taken all appropriate measures— (a) to discover where the child is; and (b) to ensure the safety of the child and prevent prejudice to any interested party; and (c) to secure the voluntary return of the child to that other Contracting State, or to bring about an amicable resolution of the issues; and (d) to facilitate the making of an application under section 105 by, or on behalf of, the applicant. Compare: 1991 No 19 s 10