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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22830
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My husband and I are having a trial separation at the

Customer Question

My husband and I are having a trial separation at the moment. There is no custody agreement in place but my husband and I ave decided that I will have the children 4 days per week and he will have them 3 ays per week. The children are 2 and 4. My husband travels a lot for business and I have asked to have the children while he is travelling. My husband has advised that he has custody of the children at that time and he wants to leave them with his parents. I am not comfortable with my kids staying with his parents. Not because they aren't lovely people, which they are but because they have never had both he children at the same time and my daughter (who is 2) has never been looked after by them for more than 3 hours (and that has only happened twice in her lifetime). Do I have any rights in regards ***** ***** that the children stay with me while he is away travelling? This puts me out considerable as it impacts on my ability to work and I am also studying a Masters degree but I believe the children need to be with thier mum or dad at this time.

Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.
Hi and welcome.
It does seem sensible for the children to stay with you when he is travelling, and he doesn't preserve any special rights by insisting on the children being with his parents when he is personally unavailable. These issues can be resolved at a family mediation if you cannot reach agreement, but it seems sensible to me that you look after the children during his travel rather than impose on his parents. He may be concerned about the effect on child-support liability, but you are entitled to have a say about where the children go, when he is not personally available.
Expert:  Chris The Lawyer replied 2 years ago.
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