New Zealand Law
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The test is always what is in his best interests. So while at this age he does have some say where he stays, this has to be considered in the context of whether this is best for him. So what he wants, or his mother wants, is not necessarily the answer. Normally you would need to have a FDR family mediation before going to court. If this hasn't been started then that can be set up very quickly, and possibly before school starts. So I am surprised this has gone to court. His mother will need to establish why it is in the child's best interests to move to her, and decisions like this should be made after discussion and not just by refusing to return him.