New Zealand Law
Ask a New Zealand Law Question, Get an Answer ASAP!
Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
Relocation cases are always difficult. Are you thinking of leaving him and returning with the children?
I can give you some general advice about the rules, but in essence, where the children have settled into a country, for a period like this, you could not take the children without your husbands consent, and it would be inadvisable to just take them.
The relocation is covered by the Hague Convention and the Care of Children Act
The basic principles of the Convention are that:
If a child is abducted from New Zealand, the child is returned to New Zealand so that issues of parental responsibility can be resolved by the Family Court. If a child is wrongfully retained in New Zealand, the child is returned to their country of habitual residence.
The Hague Convention assumes that the courts in the child's country of habitual residence are best able to make decisions about the best interests of the child.
So you could relocate with his consent, and you will know whether that is possible.
Perhaps you consider counselling to enable you both to discuss the issue? This would enable a neutral person to assist you in the discussion.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).