Fairfax v Ireton

Fairfax v Ireton was an appeal against a decision of the High Court of New Zealand which held that the father of a child did not have rights of custody under the Care of Children Act 2004. The appeal was allowed, and the High Court's decision was substituted with a declaration that the father had rights relating to the care of the person of the child, including the role of providing day-to-day care for the child, and, in particular, the right, jointly with the mother, to determine the child's place of residence. The court held that the father's rights under New Zealand domestic law were not dependent on his being the child's guardian, and that a parenting plan between the parents could have legal effect under the Act. The court also held that the Australian Central Authority had wrongly sought an art 15 declaration from the New Zealand courts, as the question of whether the child's removal was wrongful was for the Australian courts to determine.