Section 105 — Care of Children Act 2004: Application to Court for return of child abducted to New Zealand

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