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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22834
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My husband and i have a full parenting order and

Customer Question

my husband and i have a full parenting order and guardianship on our 12 yr old grandson who has be in our care since he was 5 yrs old. At christmas time he asked to go to his mums for a nite on the sunday be for christmas we agreed but told him to be back home on the monday by 4 pm but at 4 pm he rang to ask if he could stay another nite but we declinde him and told him to get on the bus and come home so we could get him to sort out what he wanted to take to go on holiday but he never returned on a ph call to his mother and asked why he hadnt he returned she said he didnt want to go on holiday we asked to speak to him to ask why he didnt want to go away and she refused to let us speak to him since then we have had lots of issues and he is still there we have rung cypfs but as he is not under them and we have him in a child for life scheme
they will not support us in his return but they are supporting his mother in keeping him with her as he has brothers and sister so i am asking is he allowed at the age of 12 to make his own decision as we have the orders for him should he still be in our care until we go to court to sort this out it is scheduled for the 11th of march can advise to this would be most appreciated lois and graham
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

The test is always what is in his best interests. So while at this age he does have some say where he stays, this has to be considered in the context of whether this is best for him. So what he wants, or his mother wants, is not necessarily the answer. Normally you would need to have a FDR family mediation before going to court. If this hasn't been started then that can be set up very quickly, and possibly before school starts. So I am surprised this has gone to court. His mother will need to establish why it is in the child's best interests to move to her, and decisions like this should be made after discussion and not just by refusing to return him.

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