UK Government enters fight over Caitlin

The British Government has invoked the Hague Convention - through New Zealand authorities - in an attempt to return Caitlin Jelicich to Wales.

Six-month-old Caitlin is at the centre of an international tug-of-war between her parents Stephen and Diane Jelicich.

A judge in the High Court at Auckland yesterday extended an order that allows Mr Jelicich to have Caitlin in the short-term.

Meanwhile a Queen's Counsel appointed by the Ministry of Justice filed proceedings in the district court to have Caitlin returned to Wales under the Hague Convention.

The convention is an international treaty that aims to return children to the country in which they usually reside so custody issues can be resolved in that country.

Each country has an authority (in New Zealand's case the chief executive of the Ministry of Justice) to handle applications for the return of children under the convention.

The New Zealand court will decide whether Caitlin should be returned to Wales but it is not known when the application will be heard.

Mr Jelicich went on the run with Caitlin for 10 days but came out of hiding on Tuesday when the High Court granted a stay on a Family Court warrant to enforce custody.

Without fear of police taking Caitlin, Mr Jelicich returned to his parent's home at Kumeu, West Auckland, and has been staying there.

Mrs Jelicich is still in Wales but the couple have come to an agreement about Caitlin's care until the court cases are resolved.

Their lawyers would not reveal details of the arrangement yesterday but Rod Hooker, representing Mr Jelicich, said his client was happy with the way things had worked out.

Mr Hooker said the court would decide on Monday whether to continue with the warrant or quash it.

Mr Jelicich has also appealed against a Family Court order that set aside a judgment that Caitlin could not be removed from the country.

Mr Hooker said last night that he had not received any information about the Hague Convention proceedings.

Justice Helen Winkelmann yesterday allowed media restricted reporting of the case, including the application, outcome and the fact the parents had come to an agreement about the care of Caitlin.

The Hague Convention

An international treaty that aims to ensure that children who are abducted by a parent will be returned as quickly as possible to the country in which they habitually reside so that issues of parental responsibility can be resolved by the courts in that country.

The basic principles of the convention are that:

The rights of the child are the primary consideration.

Custody of the child should be determined in the country where the child usually lives.

Children should not be taken or kept overseas without the prior agreement of other people who are entitled by law to give their consent.

Source: Ministry of Justice