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Answered in 12 minutes by:
3/1/2011
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 32,271
Experience: 42 years qualified as a lawyer; LLB, MMgt and FAMINZ.
Verifiedchristhelawyer :
Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer :
How old is your daughter? This has some impact on the advice as older children have some say in what happens to them. You can always apply for a parenting order in your favour
Customer:
She turned 14 on dec 26th 2010. my main concern is that her mother has not managed to provide what i would call a safe environment for her. she has knowingly let her stay at her boyfriends for long periods of time without coming home and was having sex (illegally as far as i know) . she is left alone far to often for what i would consider reasonable parenting.. i believe i should have some say in what actions are taken. she missed something like 45 days of school last year and her mothers response has been "i cant control her"
Customer:
FYI. ill be in wellington friday if you think meeting in person may help.
christhelawyer :
You could apply to the Family Court, but a 14 year old girl as you will know, is not always someone who will do as you want. If CYFS became involved, they may require her to stay with you, but you may have to first try asking if she wants to stay with you
christhelawyer :
You can also ask the grandparents
christhelawyer :
If they do not agree then you can still apply to court, but this will involve some time and expense, especially if the other parties are uncooperative.
Customer:
she was happy to come and stay here. i also have 15 & 17 year girls with my partner and do not have these sorts of issue with them.
Customer:
wouldlike to know what my legal rights are regarding where she lives
Customer:
there is only one grandparent and an uncle.
Customer:
getting CYFS invlved isnt exactly my first choice for sorting things more a last resort.
Customer:
although im tempted based on the situations my daughter has been allowed to be exposed to
christhelawyer :
The grandparents do not have an automatic right to parenting orders, and if you ask your daughter, and she agrees to stay with you, then this could happen especially if her mother doesnt want her. You are a guardian, and can say where she lives. This will include staying where she is, or with you. So you can go pick her up. This would have to be followed with either an agreement from her mother or a family court application
Customer:
thanks. for now her mother is changing her mind whenever she wants and my input and my daughters is ignored.
Customer:
so at 14 she has significant legal say as to where she lives?
christhelawyer :
I would not say significant-the test is still what is in her best interests. But she is OK with staying with you, and her mother is being indecisive, this may be important
Customer:
ok thanks for you help.
Customer:
so to finish, failing getting her mothers approval to stay here i need to get a parenting order..
Customer:
wihtout a parenting order she can just change jher mind?
Customer:
will pay more if needed for the time im taking
christhelawyer :
Yes, but I would try to get agreement from the mother, even if she then changes her mind (again).
Customer:
ok thanks.
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 32,271
Experience: 42 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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