Boy sent across world in family war

Paul Catton is half a world away from his children after their mother took them to Sweden. Picture / Kenny Rodger

A 5-year-old boy caught up in the bitter breakup of his parents' marriage will arrive back in New Zealand next month with no certainty of where he will live.

Sweden's Court of Appeal has ruled that the boy, Shaun, must return to New Zealand because he was taken to Sweden by his mother, Anita Larsson, without the consent of his father, Manukau warehouse manager Paul Catton.

But Mr Catton is still subject to a protection order taken out by Mrs Larsson before she left New Zealand in February last year which bars him from contact with her or Shaun and his 12-year-old sister, Antonia.

The Swedish court has allowed Antonia to stay in Sweden with her mother and stepfather, Janne Larsson, because she was considered to be old enough to make up her own mind.

But Shaun was judged to be too young to make that decision. Two Swedish police officers will therefore escort him and his mother back to Auckland in early June.

Mrs Larsson told the Herald from Sweden yesterday that she was afraid to return to her parents' home in Titirangi, or to her two older sons in Auckland, because of what her former husband might do.

"I'd like to think I could be with my Mum and Dad and my sons because I want Shaun to think it's like a holiday. But I'm really scared," she said.

"I have written to the women's refuge, but I don't want to put Shaun in a home with other troubled children because at the moment he's not troubled. I don't want him to be frightened because of other frightened children. At this moment I don't know what's going to happen."

Mr Catton, 43, is an activist in the Fathers' Coalition and has been a key organiser of recent protests outside the homes of Family Court judges and lawyers including Mrs Larsson's lawyer, Judith Surgenor. He is also secretary of the Republic Party, which advocates reforming the domestic purposes benefit and replacing the Family Court with mediation.

He has been battling in the courts for months for a discharge of the protection order against him, and for a new protection order barring Mrs Larsson from contacting him. The Family Court at Manukau is due to hear these applications on Tuesday.

He also faces a trial starting two days later on criminal charges of breach of a protection order and assault arising out of an incident when Mrs Larsson, her mother and one of their older sons visited him at his home in November 2004.

He has denied the charges and alleged that Mrs Larsson and their son, who was then 16, assaulted him.

Mrs Larsson, 44, was discharged without conviction on charges of assault, trespass and intentional damage arising out of an incident in November 2004.

Details of the Family Court proceedings cannot be reported in New Zealand, but Mr Catton's application to bring his children back to New Zealand under the Hague Convention has been reported in a Swedish newspaper, Aftonbladet. Mrs Larsson was due to be interviewed on Swedish television overnight (NZ time).

Aftonbladet reported this week that Shaun could be placed in a New Zealand orphanage if no other safe home could be found for him here.

But Mr Catton told the Herald that Shaun would never go to an orphanage. "There is a certainty that he will go to a family member here. Whether that is on the maternal or the paternal side, that is not the issue."

Mrs Larsson said she would seek a court order that would allow her to take Shaun back to Sweden.

The Hague Convention bans any removal of a child which breaches a parent or guardian's custody rights. Although Mrs Larsson had custody of Shaun and Antonia, Mr Catton was still one of their legal guardians.

The Swedish courts declined Mrs Larsson's request not to order Shaun's return under a clause preventing a return if there is "a grave risk that his or her return would expose the child to physical or psychological harm".

It is now up to New Zealand courts determine the matter when Mrs Larsson arrives here.