New Zealand Acts

CARE OF CHILDREN ACT 2004 - SECT 102

102 Child abducted from New Zealand

1 A person may apply in writing to the Authority to have his or her claim transmitted to a Contracting State other than New Zealand if the person claims—

a) that a child has been removed from New Zealand to that other Contracting State; and

b) that the child was removed from New Zealand to that other Contracting State in breach of that person’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 that person, or would have been so exercised but for the removal; and

d) that the child was habitually resident in New Zealand immediately before the removal.

2 Every application under subsection (1) must be in a form approved by the Secretary.

3 If the Authority is satisfied that an application made under subsection (1) is in accordance with the requirements of the Convention, the Authority must take on behalf of the applicant any action required to be taken by the Authority under the Convention.

Note: 1991 No 19 s 9

History: Section 102(2): replaced, on 31 March 2014, by section 22 of the Care of Children Amendment Act (No 2) 2013 (2013 No 74).