Olsson v Culpan

[2017] NZHC 215

NOTE: THERE IS TO BE NO PUBLICATION OF THE NAMES OF THE TWO CHILDREN REFERRED TO IN THIS JUDGMENT.

IN THE HIGH COURT OF NEW ZEALAND CHRISTCHURCH REGISTRY

CIV-2017-409-000073

[2017] NZHC 215

Under the Habeas Corpus Act 2001

In the matter of

an application for a writ of habeas corpus

BETWEEN

ANNA CECILIA ADELE OLSSON

Applicant

AND

NEILL VALENTINE CULPAN

Respondent

Hearing:

17 February 2017

Appearances:

L J Kearns for the Applicant

I M Mitchell for the Respondent A J F Wilding as counsel to assist

Judgment:

21 February 2017

ORAL JUDGMENT 2 OF NATION J

[1]                 This morning I gave a judgment in which I decided that Ms Olsson was entitled to a writ of habeas corpus and that it would issue, requiring Mr Culpan to effectively deliver the children to her so she could return with them to Abu Dhabi.

[2]                 I adjourned the proceedings briefly to enable them to work further at arrangements that could be put in place immediately to provide for the welfare of the children, at least in the immediate future.

[3]                 Counsel for both parents agreed that, in the interests of the children, it would be appropriate for the Court to exercise powers under the Care of Children Act 2004

OLSSON v CULPAN [2017] NZHC 215 [21 February 2017]

to make orders that would achieve this, although such powers could also have been available to the High Court through its parens patriae jurisdiction.

[4]                 Between late this morning and 4.00 pm, the parties, with the assistance of counsel, have been able to agree on a detailed memorandum setting out the arrangements which are to be put in place between them for the benefit of their children. Given the difficulties they have faced in the situation that has existed until now, both parents deserve significant credit for what they have been able to achieve. It does suggest that, despite what happened over the last few months, there is every prospect that they will be able to work together in the future for the benefit of the children.

[5]                 I am satisfied that it is appropriate to make orders in terms of the consent memorandum and I do so now.

[6]                 I reserve the issue of costs. If there is any issue in relation to that, a memorandum is to be filed by counsel for Ms Olsson within one month. Any response on behalf of Mr Culpan should be filed within two weeks of receiving the submissions for Ms Olsson. Mr Wilding, I would ask you to provide details of your expenses to the parties within three weeks, for consideration by the Court and the parties.

[7]                 I also need to acknowledge that, when I gave my judgment this morning, I inadvertently omitted two paragraphs that I wish to include in the judgment. It does not alter the import of anything I said but, for completeness, I will include those in my formal judgment which will be available to all parties shortly.

Solicitors:

Lynda Kearns, Barrister, Auckland Cuningham Taylor,  Christchurch AJF Wilding, Barrister, Christchurch.