Alexis Hart is criticising the Family Court for issuing a warrant to remove the children from their mother and fly them back to Australia without her.
Children caught in custody battle (02:34s)
Under the Hague Convention the children have to go to Australia where the custody dispute started and where it has to be sorted out. But Hart says there was no need for a court warrant.
Alexis Hart, solicitor for the mother saidThe children have lived with Sally for the last 18 months and the last few days have been "an abomination"
But the father's lawyer says they knew time had run out.
Alexis Hart saidThere's been absolutely no consultation between the court, my client and myself
Sally could get on the same flight but Air New Zealand and the police said it was not in the best interests of the children for her to be on the same flight.
Gary Collin saidThe court provided the mother with 21 days to take the children back and she did not…so the mother left the court with no choice
Sally has failed to convince the courts she can't survive financially in Australia and she says she is not entitled to any money.
Gary Collin saidShe created the situation by unlawfully bringing the children to New Zealand. She can't then rely on that as a means of preventing them from going back
The children are now with the father's family and there are concerns he will have contact with them despite a protection order preventing that.
Sally is now in Australia but isn't sure when or if she will get the children back. The case will be heard in three weeks.
Alexis Hart, solicitor for the mother saidIt makes a farce of these protection orders, that's for sure. The case highlights the urgent need for change. The children should stay in New Zealand until the case is sorted and I was very optimistic the Australian authorities would agree.
The whole drama and trauma to the children would appear to be for no good reason
Editors note: If anyone is following this case in Australia could they let us know