McDonald v Sanchez - [2024] 3 NZLR 702

Infants and children — Child abduction — Hague Convention — “Habitual Residence” — Broad factual inquiry — Settled purpose of parents important not decisive — Formal agreement not determine necessary stability to be habitual — Irrelevant not necessarily permanent — Hague Convention on the Civil Aspects of International Child Abduction.

Infants and children — Child abduction — Hague Convention — Grounds for refusing return of child — Child’s objection — Exceptions exist to advance best interest of the particular child — If exception exists no convention principles tilts in favour of return — Scheme designed to serve best interest of particular child — Not right to give emphasis to orders of overseas court — Care of children orders never final — Can revisit as circumstances change — Children age and mature — Hague Convention on the Civil Aspects of International Child Abduction.

Appeals — Exercise of discretion — Restrictive appeal standard — Not apply decision when exception applies — Assessment of fact and degree — Value judgment — General right of appeal — Entitled to appeal court’s decision — (NZ) Hague Convention on the Civil Aspects of International Child Abduction.