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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14928
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My partner and I are splitting up. We have a 14 month old. I

Customer Question

Hello, my partner and I are splitting up. We have a 14 month old. I am from overseas with NZ citizenship and the child's Mum is a New Zealander. My question is: I would like to take that child to Europe for a 4 week holiday in August or September 2016 Can I do this?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

A child cannot be taken out of New Zealand without the consent of both parents. Even if the child has a passport, you would still need to get the mother’s consent. If you just took the child without reference to the mother, The Care of Children Act and the Hague Convention would give her the right to have the child returned, and you would likely lose any parenting rights for some time. If she refuses to permit the child being taken for the holiday, you can try for mediation to resolve this or if this does not work, can apply to the Family Court for permission, which would probably be granted on appropriate terms.