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I live in australia, gold coast and my 12 year old daughter…

I live in australia...

I live in australia, gold coast and my 12 year old daughter lives with her father in nz. She is unhappy and wants to live with me. How do I go about getting her here. We have no legal agreement with our child..its all been verbal.

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

No. I'm not even sure how to do this

Lawyer's Assistant: Family law varies by state. What state are you in?

Queensland

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of

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Answered in 1 minute by:
3/16/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,722
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Good Morning

Do you have court orders for her and in what country and what do they say?

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Customer reply replied 4 months ago
I have no court orders. She lives in nz
Customer reply replied 4 months ago
I'm unsure where to go from here

Good Morning

Because she is in NZ you are going to have to speak with the father and see if he will be prepared to allow her to come and live with you.

If not then you are going to have to go and lodge an application in NZ to seek orders that she relocates.

If he refuses to allow you to have any contact, and will not allow her to speak to you then you may have a right to file an application in Australia for a recovery order.

In the second option you have to show that you are bieng denied all access and your child is not given any access to you.

Here is some information

http://www.familycourt.gov.au/wps/wcm/connect/fcoaweb/family-law-matters/parenting/recovery-orders/

But your best option is to go to NZ and seek orders from their courts to bring here here to Australia.

Here is some information on that type of application in NZ
https://www.jeremysutton.co.nz/2015/07/child-relocation/

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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Customer reply replied 4 months ago
Thank you Leon.. I will read the information provided and will ask you questions afterwards. If I keep the link open I won't get cut off?

Good Morning

You are very welcome.

It should remain open.

Please do not forget to rate my work 5 stars so I can be paid and be able to continue ot provide my services.

You can come back and ask more at ay time.

Talk soon

Regards

Leon

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,722
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
I have read through your email and thank you for the information. The nz courts will cost too much money unfortunately..but the Australian attachment on the contact laws looks interesting.
I have problems contacting my daughter whenever is like to talk to her..at first she had a phone and computer that I could call her anytime. Now my ex has taken all devices from her and I have no way of contacting her unless it's through my ex ..who takes forever to answer me or have my daughter contact me. This is causing extreme distress for both myself and my daughter who by the way is incredibly depressed that she can't maintain a relationship continually with her mother

Good Morning

If he is refusing contact and you can show that he is stopping it then you may be able to use the recovery order.

Seek the assistance of a family law accredited specialist and they will be able to give you greater insight and if you have case.

The law society of QLD can refer you.

Their website is as follows

https://www.qls.com.au/Home

All the best and good luck

Thank you very much for the rating it is always appreciated

Regards

Leon

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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.

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