Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

International Family Law

The leading authority on international family law

22 MAY 2012

New Zealand - 'Reciprocal' orders – or not

Alex Ashmore and Emma Parsons

The Hague Convention is one of the few areas of practice involving children where there is a commitment to international comity - where at least in theory participants in the Court process can expect consistency in application for return of children in any of the various member countries. However this degree of internationalism can lead a Judge to go beyond simply ordering return of a child, instead falling into the temptation of making orders that extend beyond their jurisdiction.

In the context of Hague returns, orders have at times been observed to include defining place of residence, contact with the left behind parent upon return and even provision of economic support for the left behind parent. The basis for such orders being a short-circuiting of potential defences such as grave risk by assuring the returning parent that security is in place to allay the various fears upon return, and/or ensuring ‘safe-harbour' returns.

To read the full blog entry, you must subscribe to International Children Law Online (if you already subscribe click here to log in).

To request a free trial click here and select International Children Law online from the drop down menu.

International Family Law Practice, The

International Family Law Practice, The

2016-2017

Provides comprehensive coverage of the international elements of English family law

Available in Family Law Online

Family Court Practice 2016, The

(Red Book)

Order your copy today and get the Autumn Supplement

More Info from £465.00
Available in Family Law Online
Subscribe to our newsletters