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I would like to know what rights my son has in regards to…

Customer Question
Hi i would like...

Hi i would like to know what rights my son has in regards ***** ***** his children. His ex partner has advised she will be changing their surnames, and he can only see them if she or her family are there to supervise? He has asked to see the kids and she only replays when she feels like it.

Lawyer's Assistant: Because family law varies from place to place, can you tell me what state this is in?

Hi he lives in Ngaruawahia, works in Hamilton and his children live in Te Awamutu

Lawyer's Assistant: Have you talked to a lawyer yet?

No, I'm not sure whether she is just playing games with him but I wanted to see what he could do

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Can she stop my son from seeing the kids and does she have the right to set terms of visits and supervision?

Submitted: 11 months ago.Category: New Zealand Law
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Answered in 1 minute by:
9/17/2017
Solicitor: Chris The Lawyer, Lawyer replied 11 months ago
Chris The Lawyer
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Solicitor: Chris The Lawyer, Lawyer replied 11 months ago

His partner cannot change the surname of the children without his specific consent. This is one of the guardianship rights and if she wants to change the name without his consent, she would need to get an order from the family court. If he is having problems with contact with the children, then normally the first step is to set up a family mediation to negotiate regular times for contact and whether or not supervision is required. Supervision is sometimes required when there has been a problem with family violence or other issues, but it cannot just be used because she feels like imposing this condition. If he wants to organise family mediation, he doesn't need a lawyer for this but can contact an organisation like Fairway Resolution who can set up the mediation and arrange a mediator. You have to go to mediation or try mediation before you go to the family court in any event

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Customer reply replied 11 months ago
I know she has contacted the police when she kicked him out, they turned up and there was no violence which she confirmed to police. She is hurt because she wants him back and he does not want to, he misses the kids and has asked to see them over the last week which she didn't reply, then said he can only see them every second Sunday.
Solicitor: Chris The Lawyer, Lawyer replied 11 months ago

It sounds as if she is not justified in requiring supervision. So mediation may be the next step

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