Court rules baby should be returned to Wales

Caitlin Jelicich's parents dispute whether she should live in New Zealand or Wales.

A New Zealand court today ordered that baby Caitlin Jelicich should be returned to Wales where her future will be decided.

In January Caitlin was taken into hiding by her father Stephen, after he lost a custody hearing to his estranged wife Diane.

He gave himself and the baby up after about 10 days on the run.

The High Court in Auckland later quashed the original custody order.

The United Kingdom then applied under the Hague Convention to have custody decided in Wales, as Caitlin, aged nine months, was born there and is a British citizen.

A summary of today's decision from the Family Court at Waitakere said Judge Sarah Fleming had decided a court in Wales was the appropriate forum for determining future care arrangements for Caitlin.

Those arrangements included where she would ultimately live and who with.


Mr Jelicich had failed to establish the legal system in Wales could not protect Caitlin from any risk, the summary said.


In her reserved judgment, Judge Fleming said the Hague Convention was concerned with the appropriate forum for determining care arrangements for children.


There was a presumption the country of habitual residence would have the appropriate legal system to determine what care arrangements were in children's best interests.


Caitlin had lived all her short life in Wales until she travelled with her parents to New Zealand in October for a holiday. The intention was to return in January.


The judge said she was satisfied it had been anticipated the Jelicichs would live in New Zealand four or five years after Caitlin's birth.


On the issue of whether a return to Wales would put the child at grave risk, the judge said Mr Jelicich had been concerned about Mrs Jelicich's mental health history and propensity for violence.


He had referred to her having postnatal depression, had taken an overdose of prescribed medication and cut her legs with a razor after a pregnancy termination in 2002.


Judge Fleming said an ongoing review of Mrs Jelicich by community psychiatric staff had reported that she was coping well with the care of Caitlin.


A report produced by Mrs Jelicich from a consultant psychiatrist in December had indicated she was never a risk to her child and there were no concerns about her ability to care for her children.


Her depression appeared limited to post natal depression and she had responded well to treatment.


Mrs Jelicich had acknowledged she suffered panic attacks after the birth of 11-year-old Emily -- born before Mr and Mrs Jelicich met through the internet in about 2000 -- and had made one ineffectual attempt at suicide which had been designed to fail.


Mr Jelicich also suffered from depression and was on medication for the condition, the judge said.


Mr and Mrs Jelicich had a volatile relationship, with numerous separations and reconciliations.


"Their difficulties have been exacerbated because they both have a distinct preference to live in their home countries," Judge Fleming said.


"I am satisfied both Mr and Mrs Jelicich have assaulted each other. I am also satisfied their relationship has had some destructive repercussions for both particularly as it has deteriorated."


There was no allegation Mrs Jelicich had ever harmed or threatened to harm her child, and the evidence she produced tended to support her contention she was able to care for her child.


- NZPA