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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22834
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Hi My partner passed away 3months ago and I have 2 children

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My partner passed away 3months ago and I have 2 children with him. 3yr old and 1 yr old. Since my partner passed my inlaws are not talking to me and have to been to see this children in 2 months. They have never really been apart of this children life but I have heard from one of there friends that they are going to go for some custody of the kids. Can this be done.


Chris The Lawyer : Hi and welcome. My first response will follow shortly. Please feel free to follow up if anything is not clear.
Chris The Lawyer : If you are coping as a mother, then there is little chance they can do this. They need permission of the court before they can even apply for a parenting order (this is what custody is called these days). You as the mother will always have priority, and if they are not seeing the children, then it gets harder for them as well. Young children need to bond with their mothers and taking the children away would be wrong.
Chris The Lawyer : It might be that they are thinking of applying to the Family Court for contact however. Grandparents can apply, although again this is not always easy for them. I don't know how you feel about contact but I assume if they are at least rumoured to be talking about taking the children, you may be uncomfortable about this.

Yea that's the thing I really don't feel comfortable with them having the kids otherwise I would let them as I know that the kids need there grandparents in there life but not if they are no good for them. Since my partner has passed ive been yelled abuse from them to my face and his dad has even been put in the phyc ward for 5 days from the police. Also last night he was parked across the road from my house in the dark for about half and hour which made me very uncomfortable being at home by myself with juts the girls. Do you think if he parks across the road again I should call the cops so that it is noted because they already know that I don't feel save around him. I just really dont want them to be able to get visiting rights at the moment when they both arnt in the right state of mind and its not healthy for the children either. Thanks for your help

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