Re Jayamohan - [1996] 1 NZLR 172

Infants and children — Guardianship — Abduction of children — Habeas corpus — Children removed by mother to Sri Lanka from New Zealand in breach of custody and access agreement — Application under Hague Convention on the Civil Aspects of International Child Abduction not available as Sri Lanka not party to convention — Whether writ of habeas corpus available against mother where children detained in foreign country.

Infants and children — Legal proceedings — Children removed by mother to Sri Lanka to be cared for by grandmother in breach of custody and access agreement — Mother in New Zealand ordered to surrender passport — Mother not about to leave New Zealand with children to defeat father's claim for custody or access — Whether jurisdiction to order surrender of passport — Whether breach of right to leave New Zealand — Guardianship Act 1968, s 20(3) — New Zealand Bill of Rights Act 1990, s 18(3).