General legal information furnished as a service of Fort Lauderdale / West Palm Beach family law attorney Janet Langjahr
Woman meets man over internet. Woman travels from New Zealand to Spain to meet man.
Man and woman have relations and child is conceived. Woman goes home to New Zealand and has child.
Mother and child remain in New Zealand and father visits a couple of times.
Mother and child go to Spain and remain there for a year. Mother and child again go back to New Zealand for a few months. Mother advises father she will not be returning.
Father brings proceedings for return of child to Spain under the Hague Convention on the Civil Aspects of International Child Abduction.
Child is now four and has never lived in Spain before, except while he was a baby. Child reportedly doesn’t even speak Spanish.
New Zealand trial court rules child does not have to return to Spain.
The New Zealand appellate court reversed, ruling that the child had been habitually resident in Spain and must be returned there for a custody ruling on the merits.
Read more in this Stuff.co.NZ article: Court orders NZ mum to return son to Spain.
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