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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22810
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My mother has been looking after my son in whangarei for the

Customer Question

My mother has been looking after my son in whangarei for the last couple of years while I worked in auckland and paid for everything, as she was a beneficiary. I paid child support naturally because I wanted them to have everything possible. My living conditions weren't suitable enough in my own mind for a growing toddler. I lived in an apartment above the bar that I worked in. It was very big 3 bedroom decking but not practical enough. So when my mum said she was moving back to whangarei to one of my brothers homes I she asked me if it was better for her to bring my son back with her while I worked. I said yes until I relocate or find a solid home. Well now I'm back and my son has a brother she's telling me when I move to my new place I can't take him. Please help. She says she's going to fight me for him. I will get the support from all the family members. Everybody knows im a good mother. She's just a spiteful stubborn women. There's no other way but her way. Can she legally stop me.
Submitted: 4 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 4 years ago.

christhelawyer :

Hi Welcome to JustAnswer. My first response will follow shortly. Please feel free to follow up if anything is not clear

christhelawyer :

The test for any issue about parenting orders is what is in the best interests of the child, not what your mother wants. So if it is in the best interests of the child to return to you, then that is what should happen. Grandparents do not have the same rights as parents, so if she continues to refuse then you can pick up your son. This may then go to the Family Court but if all your family support you, and the child is better off with you then that is where he will stay.

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