Tug-of-love father blasts Family Court

Six-month-old Caitlin with father Stephen Jelicich at their West Auckland home this week. Mr Jelicich took Caitlin into hiding in January to prevent her mother taking her back to Wales. Picture / Fotopress

A father fighting to keep his daughter in New Zealand is calling for greater transparency of the court process that decides custody of children.

Stephen Jelicich - speaking publicly for the first time since coming out of hiding with baby Caitlin - says the role of the Family Court in determining parental custody is too important to be shrouded in secrecy.

"I have absolutely no doubt the Family Court needs transparency because they do seem to be a law unto themselves. They disregard laws, they rush things, they don't actually take into account the child's welfare.

"I have documented proof as to what was done wrong [in my case]."

Speaking to the Weekend Herald with Caitlin in his arms, Mr Jelicich said that despite losing confidence in the Family Court, he was confident of keeping his 6-month-old daughter in New Zealand.

He wanted the Hague Convention proceedings heard in the High Court and open to the public.

"If I thought there was a possibility [Caitlin] could be affected I would think differently but from my point of view, for transparency's sake, the public need to know what is going on because one day they might find themselves in the same situation.

"I don't think they have any idea of the stuff that can go on behind closed doors."

Mr Jelicich and his estranged wife, Diane, asked the Family Court to rule on care arrangements after their relationship soured during a family holiday in New Zealand. He claimed the court hearings were rushed because they fell during Christmas.

He said his lawyer at the time told him he was eager to go on holiday.

As a result, Mr Jelicich alleges, the lawyer did not take proper instructions before a court hearing in which a judge ruled that Caitlin could leave New Zealand.

Mr Jelicich also claimed that factual errors were made in evidence and a number of relevant facts were not presented to the court.

He has argued that a warrant to enforce custody should never have been issued. It has since been quashed by the High Court.

The couple now have a month to prepare their cases for the Hague Convention proceedings. Mr Jelicich said he had not spoken to his estranged wife since before Christmas, when they had an argument that resulted in Mrs Jelicich being charged with assault.

Police withdrew the charge after she left New Zealand but Mr Jelicich said he did not consent and is seeking to have the charge laid again.

He said the relationship was damaged beyond repair and he had instigated divorce proceedings.

Caitlin was due to leave New Zealand with her mother on January 10 but her father failed to return her the day before.

Mrs Jelicich left the country on her scheduled flight with her daughter from a former marriage.

Mr Jelicich said he received legal advice that he was not breaking any access arrangement. "I had to do it. I could not just say, 'Sorry kid, there's nothing I can do to help you now'."

Mr Jelicich said he packed a four-wheel-drive vehicle with supplies, including a fold-away cot, baby walker, toys and a microwave to heat bottles. He rented a bach at Port Waikato and spent some time at the beach.

He openly chatted with neighbours and socialised within the small community southwest of Pukekohe.

"I wasn't aware it was a big deal until I went to Tuakau one night and had phone reception and rang a friend. They said, 'You're all over the news'. I thought since I'd been out and about down there I should probably move on."

That night he packed up and left the area. Police swooped the following day.

Mr Jelicich would not reveal where he went next but said it was a only a short distance from his parents' home in Huapai, West Auckland.

He came out of hiding on January 18 following behind-the-scenes discussions between his lawyer and the courts.

Mr Jelicich said he had lost faith in the system that will decide his future with Caitlin. He became visibly upset at the prospect of her living permanently in Wales.

"For my daughter's sake I hope that never has to be the case because she is going to end up living in council houses. She is going to be living damn close to poverty, on the bones of our bums."

Mr Jelicich said parental love and quality of life were both important. "She gets both of those in New Zealand."

Custody battle

* Stephen Jelicich and his estranged wife, Diane, go to court in a month to determine whether custody of their daughter, Caitlin, will be decided in New Zealand or Wales.

* Britain has filed proceedings under the Hague Convention to have Caitlin returned to Wales, where she was born, and custody decided there.

* Mr Jelicich says he has been caring for Caitlin three days a week under an agreement with his wife, who has returned to New Zealand for the court case.

* Caitlin is exchanged between the couple twice a week at a police station.