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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22888
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I've been separated from my wife /soon to be ex wife for

Customer Question

Hi , I've been separated from my wife /soon to be ex wife for almost 2 years
My now 8 year old daughter lives with each of us on a week on week off arrangement
I am concerned that it is not good for her to be watching my ex and her new boyfriend having sex , this has happened on numerous occasions and it upsets my daughter .My ex is an alcoholic and has no control of her actions when she is drinking
I realise that there is probably nothing that can be done about this , but thought I would ask
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.
That's clearly not appropriate, and you should, if possible, talk to your ex wife about how to avoid this. At the most extreme reaction, it may be time to consider the time your daughter spends with her mother, and possibly restrict contact until this sort of behaviour is reined in and keep away.
Customer: replied 2 years ago.
Yes I'm well aware that it's not appropriate. But I'm not after moral advice. I want to know what I can do LEGALLY. We have joint custody so I can't restrict access can I ?
Expert:  Chris The Lawyer replied 2 years ago.
You could re open the issue of whether joint custody is still appropriate. The legal test is what is in the best interests of the child, which is why I opened with my comment, as that reflects the legal standard.
Expert:  Chris The Lawyer replied 2 years ago.
The first step must be FDR mediation so you can start this process.

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