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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22400
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My daughter has a parenting order that was granted in the USA

Customer Question

My daughter has a parenting order that was granted in the USA for her 2 year old daughter, and the agreement was that her daughter was to be returned to her in March of this year (my grand daughter has dual citizenship) - the Father is now refusing to return her - and has an exparte court hearing tomorrow morning 8.45am (4.00am NZ time)- My daughter is 8 1/2 months pregnant - cannot travel and is obviously stressed to the max. What can be done to ensure the return of her daughter - I just dont know what to do or how to help - Please avise what can be done legally
Submitted: 9 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 9 months ago.
The Family Court in New Zealand will register foreign parenting orders, although if the parenting orders change in the ex party hearing that would not be useful now. But your daughter may want to get a US lawyer to help her in the US court, and start a case in the New Zealand court as well, and organise a good and experienced family lawyer here. If she doesn't have money for this she could qualify for legal aid for this, but only in New Zealand. The Hague Convention generally protects children in her situation, because the courts respect orders such as she has, so the ex parte application must be to overcome the effect of The Hague Convention.
Expert:  Chris The Lawyer replied 9 months ago.
She should try to get her views heard at the ex parte hearing, either seeing if she can call in, or trying to get a lawyer to the hearing

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