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May 27, 2006

Boy Ordered Returned to NZ under Hague Convention Even Though a Restraining Order Prevents Him From Living With His Father There

Posted by Filed under Child Custody, Hague Convention Kidnapping International Child Custody.

It has been ordered that a five-year old boy leave his mother and sister behind in Sweden to return to New Zealand, in accordance with the terms of the Hague Convention, pending a custody determination there.

The boy’s father is reportedly subject to an order of protection, however, so the boy likely will not be able to live with his father if it is determined that he must remain in New Zealand permanently.

A Swedish newspaper reported that the boy may end up growing up in a New Zealand orphanage, but the boy’s father insists the boy could live with other relatives in New Zealand.

This case arose because the boy’s mother fled New Zealand, without the father’s permission, after securing the order of protection for herself, the boy and his sister.

The boy’s older sister was deemed mature enough to decide for herself where and with whom she wants to live. Therefore, she was permitted to remain with her mother in Sweden.

No such luck for the little boy, whose fate is now in the hands of the New Zealand courts.

The boy’s father is a political activist in New Zealand.

Read more in this New Zealand Herald article.

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