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Answered in 23 minutes by:
11/7/2013
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 32,268
Experience: 42 years qualified as a lawyer; LLB, MMgt and FAMINZ.
VerifiedChris 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 : There are a number of good sites but I assume you will be explaining these to him.
Chris The Lawyer : In essence if the mother is resisting contact, and is think you will understand that she may have some valid concerns, then often the best way to progress this is my mediation with a family mediator,
Chris The Lawyer : This does require the mother to agree to come to mediation, but it is much less cost, and perhaps more important, less confrontational. A mediation in a safe environment can resolve practical solutions to contact and help negotiate graduated contact, with supervision if needed, so a relationship can be developed.
Chris The Lawyer : Try this website
Chris The Lawyer : http://www.justice.govt.nz/courts/family-court/what-family-court-does/care-of-children
Chris The Lawyer : And this
Chris The Lawyer : http://www.familylaw.org.nz/
Customer:
Oh Sorry, I didn't mention that the child was given over to CYFS not long after birth and has been in foster care ever since. I dont think the birth mother has any interest in or contact with the child. The father told me that his son was with the foster family still but no olnger under Cyfs 9but can't see how that can be).
Chris The Lawyer : Possibly adopted, but he would have needed to consent to that. It adds some complication if the child is in foster care, but can still be organised
Chris The Lawyer : He may need to work with CYFS and also the foster patents
Chris The Lawyer : Parents
Customer:
You could be right as this man illiterate and claims he was duped to sign papers by a lawyer who told him it was to stop mother "kidnapping" son and leaving with him overseas (Unlikely ad mother had given him up) . Apparently this man signed and lawyer reportedly laughed at him and said "Oh you've just signed your kid away now. Realise here-say but there was certainly no informed consent process here that took into account father cognitive limitations. OK starting point to helping him access the basic parameters of this
Customer:
(oops-cont from above)- basic parameters of his legal position / entitlements are and ascertain what his current rights are and what he can reasonably expect in terms of an ongoing relationship or access to his son.
Chris The Lawyer : This gets harder..that may well have been adoption papers. The consent could be set aside if he could prove he didn't understand, and the illiteracy would certainly be a start. But these days, adoptions are often open with some contact reserved to biological parents. I think some enquiries need to be started with perhaps the lawyer, the Family Court and CYFS to see exactly what happened and the current status of the child.
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 32,268
Experience: 42 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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