Article 15 Determination
M. v. H. New Zealand High Court,
21 March 2005, NZFLR 623
Article 15 determination
At a hearing on 16 December 2004 it was agreed that the father would obtain from a competent New Zealand court a determination of his rights in relation to the child and a decision on whether the removal had been wrongful within the meaning of Articles 3 and 5. This is based on article 15 of the Hague Convention.
The judicial or administrative authorities of a Contracting State may, prior to the making of an order for the return of the child, request that the applicant obtain from the authorities of the State of the habitual residence of the child a decision or other determination that the removal or retention was wrongful within the meaning of Article 3 of the Convention, where such a decision or determination may be obtained in that State. The Central Authorities of the Contracting States shall so far as practicable assist applicants to obtain such a decision or determination.
Appeal dismissed and Article 15 declaration granted; the removal had been in breach of the father’s actually exercised rights of custody. Having reviewed the two decisions of the Court of Appeal in Gross v. Boda  NZFLR 49 [INCADAT Reference: HC/E/NZ 66] and Dellabarca v Christie  2 NZLR 548 [INCADAT Reference: HC/E/NZ 295] the High Court noted that in New Zealand the concept “rights of custody” was to be given a broad meaning.
Substantial intermittent possession and care
Informal agreement about custody