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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22965
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My ex wife has just relocated to australia and left me with

Customer Question

my ex wife has just relocated to australia and left me with our 2 children. There is no parental agreement as she left without signing and has emailed one she has drawn up. my question is it illegal for her to be holding their passports in oz, now that they have been living with me for last 6 weeks im assuming im now the primary carer, surely I have the legal right to hold the passports ?
Submitted: 2 years ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 2 years ago.

As the carer of the children you should hold the passports. But it is important to get a proper parenting agreement and get this registered in the Family Court. If she has the children with her in Australia she may try to keep them there, so you should insist as part of the agreement that you keep the passports and get the agreement completed