SK v KP - [2005] 3 NZLR 590

Family and domestic relationships — Guardianship — Hague Convention on Civil Aspects of International Child Abduction — Abduction of child from contracting state to New Zealand — Application for order for return of child — Whether wrongful retention of child in New Zealand — Whether child habitually resident in contracting state at relevant time — Whether habitual residency lost by removal from contracting state or by subsequent events — “Habitually resident” — Guardianship Amendment Act 1991, ss 12(1) and 13(1).

Statutes — Interpretation — Implementation of international convention — Proper context for interpretation of statutory language — Ordinary meaning of term “habitual residence” — Exclusively factual concept — Guardianship Amendment Act 1991, s 12(1)(d).