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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22315
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My daughter and her partner separated several years ago and

Customer Question

Hi. My daughter and her partner separated several years ago and there have been on going issues with access to my 8 year old grandson. The child has a court appointed lawyer who has until very recently not bothered to meet with him. We have now learnt that this lawyer and the child's headmaster had a meeting with him earlier this week and have apparently got the child to agree to an access routine. This meeting was conducted without my daughters knowledge or consent and I firmly believe that my grandson would have been intimidated in the presence of two adult men, one of whom was a stranger, and probably would have agreed to anything that was suggested to him. The court is due to make a ruling on access at the end of this month apparently based on a report written by this lawyer.
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: It's in New Zealand
JA: Has anything been filed or reported?
Customer: My question is : is it normal or even permissible for a lawyer to interview an 8 year old without a family member being present and is it normal for a lawyer to do this without the families knowledge?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I think that's all. Thanks
Submitted: 19 days ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 19 days ago.

I am reading this now and will have full answer shortly

Expert:  Chris The Lawyer replied 19 days ago.

The lawyer who is appointed to act for the child will not always meet with the parents or even a child. They are free to take all necessary steps to obtain an independent view of the issue, and can interview the child on their own terms. This does mean that they do not need a family member present and can do the interview without the families knowledge. It is, by the time this gets to court, an issue for the judge to decide and your daughter can challenge the findings or report of the lawyer for the child. Obviously the report has some importance, but it can be challenged

Customer: replied 19 days ago.
Thanks Chris. Much appreciated.
Expert:  Chris The Lawyer replied 19 days ago.

Let me know if you have any more questions

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