Section 85 — Care of Children Act 2004: Registered overseas parenting orders not to be enforced in certain circumstances

85 Registered overseas parenting orders not to be enforced in certain circumstances (1) A Court must not enforce an overseas parenting order under section 72 or section 73 , and must not exercise jurisdiction in respect of the order under sections 56 and 82 , if the Court is satisfied that the order— (a) was not, at the time of its registration in New Zealand, enforceable in the country in which it was made; or (b) has, since its registration in New Zealand, ceased to be enforceable in the country in which it was made. (2) The Registrar of a Court in which an overseas parenting order is registered must cancel the registration of the order and inform the court in the prescribed overseas country of the cancellation if he or she is satisfied that the order is not enforceable in the prescribed overseas country in which it was made, and is satisfied of those matters by— (a) documentary evidence the Registrar has received; or (b) the refusal of a New Zealand Court, on the grounds stated in subsection (1) , to enforce the order under section 72 or section 73 , or to exercise jurisdiction under sections 56 and 82 in respect of the order. (3) For the purposes of subsection (1) , an overseas parenting order is not unenforceable in the country in which it was made just because the child to whom the order relates or any other person affected by the order is no longer in that country. Compare: 1968 No 63 s 22E