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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22887
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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My friend is stuck in Australia her ex partner won't let her

Customer Question

Hi my friend is stuck in Australia her ex partner won't let her move back to nz with kids because he has outstanding warrants for arrest in new zealand. She has given him years to sort out warrants but now refusing. If she moves back with kids will they b sent back to Australia?
Submitted: 10 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 10 months ago.

This can be a difficult issue. There is a treaty about moving children across borders which is called the Hague Convention. What this means is that if you take children out of the country without consent of the other parent, then they can apply to the family court in their own country, and have the children returned. This is binding in Australia and New Zealand, and so if she just moved without his consent to take the children, he could apply to have them returned to Australia.

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