Jelicich: I'll hand myself in today

The fugitive father who has been in hiding with his baby daughter says he will hand himself in today.

Stephen Jelicich's claim that he would come out of hiding with 5-month-old Caitlin followed two other major developments in his custody battle yesterday.

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

And in the other development, police threatened to arrest the 39-year-old, who was supposed to have handed the baby over to Mrs Jelicich nine days ago.

Police said they were considering obtaining an arrest warrant and were "viewing the possible criminality of his actions".

Inspector Janet Hope said police had hoped Mr Jelicich would have come forward before now. He should not be praised for his actions.

"Should a warrant be issued, he will have to be arrested and I am sure Mr Jelicich realises the implications of his actions."

Principal Family Court Judge Peter Boshier, who yesterday 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."

Mr Jelicich said last night that he planned to hand himself in to the police today.

"I will be doing what they say is the sensible thing very shortly."

He made the comment in a phone call to Close Up @ 7 host Susan Wood after an interview with his estranged wife aired on the programme.

Mr Jelicich said he was angered by her comments.

He had taken Caitlin into hiding in defiance of a court order that allowed Mrs Jelicich to take her back to Wales, her homeland, where the baby was born.

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 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.

Police want anyone with information to call Orewa police on (09) 426-4555.

WHAT HAPPENS NEXT

Stephen Jelicich honours his promise to hand over baby Caitlin. The infant returns to Britain and custody is determined in Wales, where Caitlin was born.

Or Mr Jelicich remains a fugitive and risks arrest if police issue a warrant.

- additional reporting: NZPA