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Can my Wife file the same case in India as well as New

Can my Wife...

Can my Wife file the same case in India as well as New Zealand – If she file a case for child custody in India ( I think she already has) ,will the
court entertain a plea in NZ also because as far as I know you can have same type of case in countries. Will the court entertain a plea for custody

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

Gujarat India & New Zealand

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

I have filed in India & as well as my wife (a counter claim) but if she loses there can she file again here in NZ

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Answered in 3 minutes by:
1/16/2018
Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,858
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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The important question is whether the children are in New Zealand or India. Under the New Zealand legislation, which is the Care of Children Act, the children must be domiciled in New Zealand for the New Zealand family court to have jurisdiction. If they are not domiciled in New Zealand, she cannot file here in the New Zealand family court

Chris The Lawyer
Category: New Zealand Law
Satisfied Customers: 23,858
Experience: 38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Customer reply replied 7 months ago
My elder was here till Aug 2015 ,in India Since then , younger twins went in Oct 17 but are in India at the moment , but in my custody legally ( my mother has the authority if i am not in India)
Customer reply replied 7 months ago
Can she fight same custody case simultaneously in India as well as New Zealand or what if she withdraws before she loses & files a frsh case here , we both have PR in NZ & childern are NZ Citizen

If you reside in New Zealand, and have a New Zealand family court order relating to the children, then the court will have the power to consider any further parenting orders relating to where the children live. I think your older child would now be out of the jurisdiction of the family court because of the time spent in India. But the twins are likely to be within the jurisdiction. The courts in New Zealand will generally respect a foreign court order in relation to parenting issues, but they are capable of reaching their own independent views.

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