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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22319
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My partners ex will not let him see his kids and we have travelled

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My partners ex will not let him see his kids and we have travelled from Australia to see them. What can we do to see them? We are leaving on Monday

christhelawyer :

Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear

christhelawyer :

If you have a court order then you you need to see a lawyer first thing tomorrow to see if this can be enforced. It is likely that you could but you would need to move qyuckly.

christhelawyer :

If you do not have an order, was the arrangement by agreement with her? Is there any reason why you cannot just turn up at her home?

Customer:

There is no court order giving him access rights. She has not allowed phone contact or visitation the last 2 times he has been in NZ

Customer:

My partners dad had organised to see them this weekend which is usually not a problem but she has now said to my partner tonight that he can drop their presents off but he is not allowed to see them.

Customer:

I wouldn't want to just turn up as I don't know what she might do ie: call the cops or whatever. Is there any chance we could get an order in place to see them before we leave?

Customer:

We have travelled from NZ for the purpose of seeing them for their birthdays. He has been slack in past years paying child support. However he has now paid over $4000 in the last 2 months which she has not yet received as it is in transit between Australian and NZ Child Collection Agencies.

Customer:

She has said that she wants money in her account and then she MIGHT think about visitation however we have been advised by Child Support not to pay any more money to her directly as it does not come off his arrears. Also, she has said this in the past and we have paid money to her only to have her shift the goal posts and say she wants more payments before allowing him to speak to them on the phone

christhelawyer :

Child support does not affect rights to contact and she cannot use this as a reason to prevent contact. She is manipulating the children for improper reasons. Without a formal court order it is difficult to do much, but you could try just turning up. If she calls the police and you have not been angry nor making any threats they are likely to tell her to sort it out rather than cause a problem. But what you will need to do is see a lawyer before you go and get a court application under way so that this does not happen again.

christhelawyer :

You could try to get an order before you go, but the lawyer would need to move quickly tomorrow.

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