Fugitive father to get his day in court

Stephen Jelicich with baby Caitlin.

Fugitive father Stephen Jelicich has returned to his parents' home in Kumeu and is keeping baby Caitlin with him tonight.

A High Court judge today gave permission for the baby to remain with Mr Jelicich until a hearing on the custody of the 5-month-old girl is held in the court at Auckland tomorrow.

The 39-year-old has been in hiding with Caitlin after failing to hand her over to his estranged wife Diane Jelicich nine days ago.

Mr Jelicich had defied a Family Court order that allowed Mrs Jelicich to take her back to Wales, her homeland, where the baby was born.

The judge issued a stay of warrant this afternoon in response to an application filed by Mr Jelicich's lawyer, Rod Hooker, with the court today.

The stay of warrant temporarily overrides the custody order requiring Mr Jelicich to hand Caitlin to her mother.

Mr Hooker said Caitlin would not be handed to the police and would stay with her father until the High Court hearing at 2.15pm tomorrow.

"Caitlin is with her father and he has given an undertaking to the High Court as to where he resides," Mr Hooker said.

He said police would not stay at the house because the stay of warrant meant they were no longer involved in the matter.

No charges had been pressed against Mr Jelicich despite police saying yesterday that he was likely to be arrested when he handed himself in.

"My understanding is that the police are not anxious to bring any charges. They just want to see the matter resolved," Mr Hooker said.

He had spoken to Mr Jelicich during the day and said only that he was "fine".

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In a rare move yesterday a Family Court judge released information from the court file involving Mr Jelicich, his estranged wife, Diane Jelicich, and Caitlin.

Principal Family Court Judge Peter Boshier, who released details of the case, said he was driven to comment by criticisms of the Family Court and what he believed was unfair reporting.

He was dismayed Mr Jelicich had taken the law into his own hands.

"The Family Court made the decision it was required to do properly and on the evidence available."

Judge Boshier said Mr Jelicich had further legal remedies available, such as an appeal.

"This is what he should have done and what all Family Court litigants should do if they feel unable to accept a decision of the court."

Judge Boshier said the court file showed Mr Jelicich applied on December 1 for an order to prevent Caitlin being removed from New Zealand.

"The child was due on January 10, 2005, to return with her parents to Wales, where she was born and where Mr and Mrs Jelicich both live," he said

"Although this order was initially granted, at a subsequent hearing on December 24 the judge set that order aside, enabling either parent to return to Wales with Caitlin.

"The court also made co-parenting arrangements up until January 10 and as agreed to by Mr and Mrs Jelicich."

Judge Boshier also released the result of an application by Mr Jelicich to Judge John Adams seeking a stay of the court order so he could appeal.

In his decision on January 6 Judge Adams also allowed Caitlin to be returned to Wales.

"The welfare interests of the child must predominate," he said.

"The proper course for [Stephen Jelicich], if he contends for a different outcome, will be to commence proceedings in Wales which will apply welfare-based principles."

Judge Adams was concerned about Mr Jelicich's reliability to abide by the order and issued a warrant to enforce Mrs Jelicich's custody of Caitlin from the morning of January 9.

Mr Jelicich told Close Up @ 7 last night that he had taken Caitlin because relevant evidence about Mrs Jelicich's suitability as a mother was not presented at the hearing which decided the baby would go back to Wales.

- HERALD STAFF