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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22978
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My x wife is shifting 71km away from where I live with our 7

Customer Question

My x wife is shifting 71km away from where I live with our 7 year old son, she wants to negotiate with me. I am not sure of my rights, does she have to negotiate with me in order to go? what happens if I put forth a proposal and she just shifts anyway? if we can't agree will it have to go to court?
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

You do need to be consulted and should discuss this with her. A distance like this will be around an hour of travelling and so she must get your consent. If you don't consent she could apply but you will need to go through FDR mediation first. That may settle the issue, but if not she will need to apply to the Family Court. For a distance like this, she may succeed if she can show it is in the best interests of the child, and helps your contact costs, which will be greater of course.