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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
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Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hi There, Could you please clarify the points 5 & 6 I have

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Hi There, Could you please clarify the points 5 & 6 I have pasted below from the Care of Children Act 2004. I have exclusive responsibility of my three sons whom live with me day to day, if I wish to place them in a new school in their best interests, is that correct by law that Point 6 overrides Point 5 and I could make this change. Does Point 6 mean I can make this change as I see fit?? Thank you "Exert From Care of Children Act 2004" (4)Court order means a court order made under any enactment; and includes, without limitation, a court order that is made under this Act and embodies some or all of the terms of an agreement to which section 40(2) or section 41(2) applies. (5)However, in exercising (or continuing to exercise) the duties, powers, rights, and responsibilities of a guardian in relation to a child, a guardian of the child must act jointly (in particular, by consulting wherever practicable with the aim of securing agreement) with any other guardians of the child. (6)Subsection (5) does not apply to the exclusive responsibility for the child’s day-to-day living arrangements of a guardian exercising the role of providing day-to-day care.

I must confess to having already made this change last week and Friday afternoon I was issued an order which says S 44 Dispute Between Guardians thats states i must enroll my boys at their original school until further order of the court.

I did make the change without the boys Paternal mothers consent yet I have a final order of the courts giving me exclusive responsibility for their day to day living arrangements.

christhelawyer : HiWelcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear
christhelawyer : The school the children attend is one of the items where there must be consent of both guardians.
christhelawyer : The school is a more important issue than day to day living arrangements, and extends of course well beyond that.
christhelawyer : It is well accepted in the Family Court that a change to a Scholl must therefore be by consent, or a court order

Due to our poor history of communication we do not agree on anything at all, she want s them at one -place my wife and I want them elsewhere

christhelawyer : Unfortunately unless you agree, or have a court order permitting the change you cannot change like this even if your motives are the best.

I actually made this change last week and several days latr was served an order S44 Dispute Between Guardians and ordered to return them to the original school.


can you advise as to my next course of action i cannot rationalize how I cannot do this when they live with me day to day and I disagree and have good reason for the change , can my ex dictate from afar and also not porvide any financial assistance with school fees etc?

christhelawyer : You perhaps should have got court permission first.
christhelawyer : you need to go to the Family Court and make an application to change the schooling to what you think is the best for them.
christhelawyer : I realise this may be unpalatable but your ex wife has started this in court and her actions will need to be examined
christhelawyer : Does she pay child support?

can an order be made so rapidly and final ?


minimum 71.60 monthly

christhelawyer : Few Family Court orders are really fina
christhelawyer : final
christhelawyer : And if her lawyer acts quickly, yes, to retire the status quo until a proper look at the children's schooling needs can be made
christhelawyer : That should be restore (predictive texting sorry)

the original school is actually catholic I have had day to day care now for 18 months, and want them in a secular school which in my view will provide a more varied and modern education. The fees between both school is significantly different and the original schools fees are far more

christhelawyer : i understand why you want to change, but the proper way is to seek consent, and if this is not forthcoming, then apply to court, before you change

would it be quicker to apply for a variation of this order or wait for the judicial hearing penciled in for next month, i after the most rapid course of action


ok it appears I'll need to follow the procedure , Thank very much for the chat

christhelawyer : The hearing next month is likely to be the soonest. But you will need to get an application into court explaining why you changed.
christhelawyer : Remember that the test is what is the children's best interests, although your ex wife may have forgotten this.

Sure thats what I 'll be focusing my affidavit on

christhelawyer : is mediation a lost cause?

unfortunately yes a lost cause, our communication is beyond repair. I will have to be thorough on my reasons for this change and hope I get it right in front of the judge, it seems to be the only course of action i can take.....

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