A High Court in India recently decided that a father who fled from New Zealand with his children will have to return the children to their mother in New Zealand. The New Zealand High Court had previously ordered the man to relinquish custody of the children, which he failed to do.

The man initially left from New Zealand to India with the children in 2017 under the pretence of a social gathering. The children have not been back to New Zealand since then.

The mother applied to the High Court in New Zealand for an order against the man to bring the children back to New Zealand, so that she could regain custody. This order was granted, but the man failed to take any steps toward sending his children back to New Zealand.

The mother then applied to the High Court of Gujarat in India, who after 2 years ordered the man to pay for his children to return to their mother in New Zealand. This cost includes either travelling with the children to New Zealand himself, or paying for the mother of the children to fly to India and accompany her children in their travels.

The man must return the children to their mother in New Zealand prior to the 25th of March 2022, otherwise he can face a criminal prosecution for the breach of a court order.

Breaching an order made by the Court has serious consequences, and even if you flee the country, there may still be serious legal repercussions. If there are issues surrounding whether an order has been breached or if an order for the custody of a child is needed, it is wise to seek advice from a professional experienced in the area.


Leading law firms committed to helping clients cost-effectively will have a range of fixed-price Initial Consultations to suit most people’s needs in quickly learning what their options are.  At Rainey Collins we have an experienced team who can answer your questions and put you on the right track.

Shaun Cousins


Please note that Rainey Collins is not contracted to provide Legal Aid, other than in the Treaty of Waitangi area.  We therefore are unable to take on any Civil or Family Legal Aid work. If you require Legal Aid in those areas, you can search the list of Legal Aid lawyers on the Ministry of Justice website.