If you have been granted custody of a child by a New Zealand Family Court (see How to apply for custody of a child) and you believe that your child's other parent is intending to breach your custody rights, you should take immediate action.
If the other parent takes your child to another part of New Zealand or if you are unable to find them, you should contact the Police. But if there is a risk that the child may be taken overseas you will need to make an urgent application to the court for it to prevent this.
You can apply to either a High Court or District Court judge for it to issue a warrant to prevent your child being removed from New Zealand in violation of your custody rights.
The application is made "ex parte", which means that the other party is not given notice of it and is not present when the court hears your application. If the court issues the warrant, the other party may be required to surrender tickets or travel documents to the court.
It is the practice of the Family Court to make any custody rights conditional on the fact that the child will not be taken from New Zealand without the written consent of the other parent or the court. If this is the case, you may use this order to apply to the Police for a "CAPPS" listing: this means that your child's name will be placed on a computer run by Interpol and will be checked against the names of children leaving the country.
If these safeguards fail or your child has already been removed from New Zealand you should apply under the Hague Convention on the Civil Aspects of International Child Abduction, which provides an international framework for the return of children taken from one country to another. However, this option is available only if the other country is both a party to the Convention and a "contracting State" with New Zealand.
To make an application under the Hague Convention you will need to provide proof in writing to the New Zealand Secretary for Justice (who is New Zealand's "Central Authority" for the purpose of the Convention) of all of the following:
The Secretary of Justice will then inform the Central Authority of the other country, who is then obliged to take appropriate measures to seek to have the other parent return the child to New Zealand voluntarily or, if this is not possible, to begin court proceedings to ensure that the child is returned.
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