Abduction of children to other countries

Preventing a child being taken out of New Zealand

If you believe your child’s other parent or some other person is about to take the child out of New Zealand in breach of a parenting order, you can apply to the Courts for them to prevent this. Your lawyer can also request NZ Customs to put a stop on your child’s passport at the same time as applying to the Court.

How will the child be stopped from getting on the plane going overseas?

You can ask for the child to be entered onto the Customs Service computer system. This is called a “CAPPs” listing. To do this you contact Interpol at Police National Headquarters in Wellington. The child will then be stopped from getting on the plane when he or she is checked in at an international airport.

What action can the Court take?

The Court can issue a warrant for the Police or a social worker to take the child and place them with a suitable person until the Court decides what will happen next.

The Court can also require that any travel tickets and passports be handed over to the Court, including the child’s passport and the passport of the person who was going to remove the child.

If the Court doesn’t issue a warrant, it can order that the child must not be removed from New Zealand for a specified period or until the Court makes another order.

Arranging the return of children wrongfully taken overseas

If your child has been wrongfully taken from New Zealand or kept overseas, the NZ Government may be able to help you apply to have your child returned to New Zealand under an international treaty called the Hague Convention. The other country must be one that has also signed this Convention.

You should take action quickly, by contacting the Hague Convention Advisor at the NZ Ministry of Justice or by contacting a lawyer. They will help you apply to have your child returned.

In New Zealand contact details for the Hague Convention Advisor –

The Hague Convention Advisor
Ministry of Justice
Private Box 180
Wellington
Phone: (04) 918 8800

Does the Hague Convention apply in my case?

You can apply under the Hague Convention if –

your child is under 16
your child usually lives in New Zealand
your child was taken to, or kept in, another country that has also signed the Convention
you didn’t agree to your child being taken from New Zealand or kept overseas
you should have been consulted about your child being taken to or kept in the other country, because of your rights in relation to the child (for example, because you’re a parent or guardian, or you have day-to-day care of the child or contact rights), and
you were having contact with your child when they were taken or kept overseas, or you would have done so if they’d stayed in NZ.

How do I apply under the Hague Convention?

Contact the Hague Convention Advisor at the Ministry of Justice as soon as possible. If they’re satisfied the Hague Convention applies in your case, they’ll appoint a lawyer to meet with you and complete the necessary application forms. You won’t need to hire your own lawyer, but you can do so if you wish.

What if the other country hasn’t signed the Hague Convention?

You’ll need to start by talking to a lawyer in NZ who specialises in this kind of case. Usually, you’ll also need to hire a lawyer in the overseas country; they will apply to the Courts in that country for the child to be returned. This can be a difficult process. You cannot get legal aid in these cases.

The NZ Ministry of Foreign Affairs may be able to give you a list of lawyers in the overseas country.