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I went to NZ to pick my kids up for my 6 months in Australia…

Hi I went to...

Hi I went to NZ to pick my kids up for my 6 months in Australia when I got there my x said that she had surrendered their passports to the courts ?

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

No I haven’t there mum is Australian and the kids are Australian I’m a kiwi

Lawyer's Assistant: Have you talked to a lawyer about this yet?

No I havnt

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Answered in 15 hours by:
5/8/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,901
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

Are there any court orders about this and if so what country were they made in?

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Customer reply replied 3 months ago
As far as I know there are no court orders. Well I haven’t received one it was a verbal agreement

He is refusing to give you the children?

DO you have any contact with them?

Are you in Australia now?

If there were orders you would have been to court./

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Customer reply replied 3 months ago
I’m the he in this situation
I’m back in Australia n they are in NZ
There is no contact w the kids sense I got back one week ago

Good Morning

My apologies.

Do you have any contact at all with your children?

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Customer reply replied 3 months ago
There was phone contact but not there is nothing

Good Morning

You are going to have to apply for a recovery order from the Family Court under the UN convention

The link for the order is as follows

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

You will need to get a solicitor to assist you to get this done.

Alternatively if you do not what to do that here you can go to NZ and make an application in NZ for orders for the children.

The recovery order is you best option as the Family Court has the jurisdiction and NZ is a signatory to the convention.

The law society in your state can give you a referral to a solicitor that can assist you.

If you tell me where you are I can give you their website.

I hope this has assisted you with your question today.

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

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,901
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 3 months ago
I’m in port Lincoln south Australia

Here is their link

https://www.lawsocietysa.asn.au/

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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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