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I've had my daughters in my care for the pass four years and…

Customer Question
Hi. I've had my...

Hi. I've had my daughters in my care for the pass four years and their father barely makes contact with. We're meant to move to Australia in July can he stop us from leaving the country?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

We're in Napier New Zealand

Lawyer's Assistant: Has anything been filed or reported?

No he hasn't filed for anything.

Submitted: 7 months ago.Category: New Zealand Law
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Answered in 3 hours by:
1/16/2018
Solicitor: Chris The Lawyer, Lawyer replied 7 months ago
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,855
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question

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Solicitor: Chris The Lawyer, Lawyer replied 7 months ago

You must get his consent to relocate. Unfortunately the Hague Convention and the Care of Children Act say that both parents must consent to a child being taken overseas, and if you just move, the father could apply to have the children removed from you and returned to New Zealand. So you should try to get his written consent or you will need to apply to the Family Court for consent. If the father wont consent then you will need to start the process quickly so you can make plans

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