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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 14773
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am trying to find out cusody, who has custody of my

Customer Question

hi pearl. i am trying to find out cusody, who has custody of my grandchildren, can u help please?
JA: What state are you in? It matters because laws vary by location.
Customer: i am in new zealand, the family courts in new plymouth
JA: Has anything been filed or reported?
Customer: filed 2 years ago
JA: Anything else you want the lawyer to know before I connect you?
Customer: just trying to find out who has custody, and if its me, grandmother, my right is to uplift them from where they are now.
Submitted: 10 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 10 months ago.

Normally it is the parents of the child who have the children in their care. As you will know, this is affected sometimes by parenting agreements and sometimes by orders from the Family Court. If you have filed an application for parenting orders, it should have been dealt with within two years but sometimes these take longer. It would help me if you confirm if you have a lawyer, and where the children are, and what the parents are saying.

Customer: replied 10 months ago.
The children are in the fathers care, living with his parents, i am not sure if i am the one with custody, i am wanting to find out so that i can uplift them from where they are now, if i have custody, i should be able to do that, if not i know the nz process. my thing is finding out how many legs i have to stand on so i can legally remove children, at the moment i have no legs. i need 2.
Expert:  Chris The Lawyer replied 10 months ago.

Have you actually made an application for parenting orders? Without parenting orders, you cannot pick up the children unless the parents consent. If you have a parenting order which says the children should be with you, then you cannot lift the children. I should explain that the family Court uses the term "parenting order" rather than custody. Often parenting orders share parenting responsibilities rather than say the children should be with one person or parents

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