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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22322
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I live in perth wa, I am writing to you to get help with

Customer Question

hi my name is Jason ****** I live in perth wa, I am writing to you to get help with getting access to my daughter Skyla ****** who lives in new Zealand with my ex partner, we had a court agreement set in perth when my ex partner Waimiriama ****** was staying in Brisbane so I went to the perth family courts and got an agreement put in place but now shes back in new Zealand it doesn't stand anymore that's what I have been told from here in perth and in new Zealand. AS a parent of this child I did not give the mother Waimiriama ****** to take my child Skyla ****** out of Australia, I have had minimal contact with my daughter in the three years shes be gone, I have been everywhere to get help and no one is helping me as this is very frustrating and bloody annoying, there's been a domestic violence case recently and the mother threw a chair and hit my daughter in the head, I have contacted my ex partner through face book and she abused me and told me that this had nothing to do with me, the lady in new Zealand Jocelyn ****** is in charge of the domestic violence case and she told me that she would keep me informed of what is happening and she hasn't, im sick of getting pushed around like a piece of dirt and not getting the right answers,please contact me via email as I work 40-60 hrs a week and im not reachable by phone during the day hoping you can help me yours truly Jason
Submitted: 8 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 8 months ago.

Hi

Contact issues are organised in New Zealand using Family Mediation first. This can be done by videoconference if you cannot afford to travel back. This is a first step before you can apply to court for better contact. The mediations usually result in an agreement which can enforced in court if needed. To organise this you can contact Fairway Resolution on this site http://www.fairwayresolution.com/who-we-help/families, and you dont need a lawyer for this although it does cost to have the mediation-about $450 each. I think this may be a good option to get communication opened without a full blown court battle.

When your daughter was first taken from Australia without your consent you could have had her returned under the Hague Convention for Child Abduction. But three years after, it may be too late. That is a pity as you would have been able to take effective steps to bring her back, even if you didnt actually want to be a full time parent.

Expert:  Chris The Lawyer replied 8 months ago.

The role of the mediator

The FDR mediator won’t make a decision about a family dispute. They will help you to work on resolving the dispute between you and the other person or people who care for your children. The FDR mediator is there to help you focus on the needs of your children so that you can make good decisions about your children’s future. The FDR mediator will not try to get you and your partner back together again, or make judgements about who is right or wrong.

During the mediation you may come to full or partial resolution or you may not agree at all. In any situation the mediator will advise you of the next steps available to you.

Important issues to decide on during your mediation

The FDR mediator will work with you to clarify the issues you wish to discuss and help you generate possible solutions.

After your discussions, the FDR mediator will help you draw up a parenting plan which may include the following:

  • how much time the children will spend with each of you
  • contact arrangements for the other parent or care-giver, while the children are in your care. This may also include how the children will be changed over from one parent or caregiver to another
  • how the children will be involved in special occasions, for example birthdays, Christmas, mothers’/fathers’ days
  • how the children’s holidays will be arranged
  • which school the children will attend
  • health matters
  • religious and cultural matters.

During the mediation, everyone will have time to talk, to consider suggestions, to take a break, and to talk individually to the FDR mediator before making final decisions.

The FDR mediator will help you write up the parenting plan into a mediated agreement and if you are happy with it, you will be asked to sign it.

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